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Keywords

settlementmediationappealtrialchild custodymediator
settlementmediationappealtrialchild custody

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In re Marriage of Daly & Oyster, 228 Cal.App.4th 505, 175 Cal.Rptr.3d 364, 14 Cal. Daily Op. Serv. 8574, 2014 Daily Journal D.A.R. 9961

Facts

Joanne R. Daly and David F. Oyster were married in 1981 and separated in 2004. In 2005, Daly filed a marital dissolution petition, but it was never served on Oyster. The parties entered mediation, resulting in a proposed stipulated judgment in June 2006 that addressed all marital rights, including child custody and support, spousal support, and property division. Although the stipulated judgment was not filed in the initial proceedings, Daly later sought to have it entered in a new dissolution petition filed in 2011, claiming she had mistakenly thought the mediator would file it.

Joanne R. Daly and David F. Oyster were married in 1981 and separated in 2004. In 2005, Daly filed a marital dissolution petition, but it was never served on Oyster. The parties entered mediation, resulting in a proposed stipulated judgment in June 2006 that addressed all marital rights, including child custody and support, spousal support, and property division.

Issue

Whether the stipulated judgment reached in mediation was admissible as evidence in the dissolution proceedings despite the husband's claim that it was protected by the mediation privilege under Evidence Code section 1119.

Whether the stipulated judgment reached in mediation was admissible as evidence in the dissolution proceedings despite the husband's claim that it was protected by the mediation privilege under Evidence Code section 1119.

Rule

A written settlement agreement prepared in the course of mediation is not inadmissible if it is signed by the parties and provides that it is admissible or enforceable, as per Evidence Code section 1123.

A written settlement agreement prepared in the course of mediation is not inadmissible if it is signed by the parties and provides that it is admissible or enforceable, as per Evidence Code section 1123.

Analysis

The court determined that the stipulated judgment was admissible because it explicitly stated that it constituted a marital settlement agreement and included language indicating that it would be enforceable. The court found that the parties intended for the stipulated judgment to be disclosed and enforced, which satisfied the requirements of Evidence Code section 1123. The trial court's ruling that the stipulated judgment was an enforceable MSA was thus upheld.

The court determined that the stipulated judgment was admissible because it explicitly stated that it constituted a marital settlement agreement and included language indicating that it would be enforceable.

Conclusion

The Court of Appeal affirmed the trial court's judgment, concluding that the stipulated judgment was admissible and enforceable, allowing for the resolution of child custody and support issues based on that agreement.

The Court of Appeal affirmed the trial court's judgment, concluding that the stipulated judgment was admissible and enforceable, allowing for the resolution of child custody and support issues based on that agreement.

Who won?

Joanne R. Daly prevailed in the case because the court upheld the enforceability of the stipulated judgment, allowing her to proceed with the terms agreed upon in the mediation.

Joanne R. Daly prevailed in the case because the court upheld the enforceability of the stipulated judgment, allowing her to proceed with the terms agreed upon in the mediation.

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