Marriage of C.J. & T.R. CA4/1
C.J. and T.R. were married in July 2016. They separated two days later. The next year, C.J. petitioned for annulment of their marriage based on T.R.’s alleged fraud or, in the alternative, dissolution based on irreconcilable differences. Claiming his efforts to locate T.R. were unsuccessful, C.J. obtained a family court order authorizing service by publication. After T.R. did not appear at a court proceeding, the family court entered her default and granted a judgment of nullity based on fraud.
After T.R. became aware of the default judgment, she moved to vacate the judgment, arguing she did not have actual notice of the action. (Code Civ. Proc., § 473.5.) In the alternative, T.R. sought relief based on mistake or surprise, maintaining she was in contact with C.J. by text message before and during the time he filed his petition but C.J. concealed it from her.
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