Article 2 - Proceedings After Joinder

California Family Code — §§ 2070-2074

Sections (5)

§ 2070

Amended by Stats. 1994, Ch. 1269, Sec. 19. Effective January 1, 1995.

(a)This article governs a proceeding in which an employee benefit plan has been joined as a party.

(b)To the extent not in conflict with this article and except as otherwise provided by rules adopted by the Judicial Council pursuant to Section 211, all provisions of law applicable to civil actions generally apply, regardless of nomenclature, to the portion of the proceeding as to which an employee benefit plan has been joined as a party if those provisions would otherwise apply to the proceeding without reference to this article.

§ 2071

Amended by Stats. 1994, Ch. 1269, Sec. 20. Effective January 1, 1995.

Either party or their representatives may notify the employee benefit plan of any proposed property settlement as it concerns the plan before any hearing at which the proposed property settlement will be a matter before the court. If so notified, the plan may stipulate to the proposed settlement or advise the representative that it will contest the proposed settlement.

§ 2072

Amended by Stats. 1994, Ch. 1269, Sec. 21. Effective January 1, 1995.

The employee benefit plan is not required to, but may, appear at any hearing in the proceeding. For purposes of the Code of Civil Procedure, the plan shall be considered a party appearing at the trial with respect to any hearing at which the interest of the parties in the plan is an issue before the court.

§ 2073

Amended by Stats. 1994, Ch. 1269, Sec. 22. Effective January 1, 1995.

(a)Subject to subdivisions (b) and (c), the provisions of an order entered by stipulation of the parties or entered at or as a result of a hearing not attended by the employee benefit plan (whether or not the plan received notice of the hearing) which affect the plan or which affect any interest either the petitioner or respondent may have or claim under the plan, shall be stayed until 30 days after the order has been served upon the plan.

(b)The plan may waive all or any portion of the 30-day period under subdivision (a).

(c)If within the 30-day period, the plan files in the proceeding a motion to set aside or modify those provisions of the order affecting it, those provisions shall be stayed until the court has resolved the motion.

(d)The duration of the stay described in subdivision (a), and the time period for filing the motion to set aside or modify provisions of the

order, shall be extended to 60 days if the plan files with the court and serves on all affected parties a request for extension within the 30-day period.

(e)Either spousal party may seek an order staying any other provisions of the order and associated orders or judgments related to or affected by the provisions to which the plan has objected, until the court has resolved the motion, in order to protect the right of the party to seek relief under subdivision (c) of Section 2074.

§ 2074

Amended by Stats. 1994, Ch. 1269, Sec. 23. Effective January 1, 1995.

(a)At any hearing on a motion to set aside or modify an order pursuant to Section 2073, any party may present further evidence on any issue relating to the rights of the parties under the employee benefit plan or the extent of the parties’ community or quasi-community property interest in the plan, except where the parties have agreed in writing to the contrary.

(b)Any statement of decision issued by the court with respect to the order which is the subject of the motion shall take account of the evidence referred to in subdivision (a).

(c)If the provisions of the order affecting the employee benefit plan are modified or set aside, the court, on motion by either party, may set aside or modify other provisions of the order and associated orders or judgments related to or affected by the provisions affecting the plan.