Marriage of Valenzuela and Serrano CA4/1
── Marriage of Valenzuela and Serrano CA4/1 ──
Court: California Court of Appeal
Date: May 28, 2026
Category: General
Filed 5/28/26 Marriage of Valenzuela and Serrano CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
In re the Marriage of JACQUELINE
VALENZUELA and JOSE ANGEL
SERRANO.
D086230
JACQUELINE VALENZUELA,
Appellant, (Super. Ct. No. 23FL006669E)
v.
JOSE ANGEL SERRANO,
Respondent.
APPEAL from a judgment of the Superior Court of San Diego County,
Charles E. Bell, Jr., Judge. Affirmed.
Joseph Charles La Costa for Appellant.
Jose Angel Serrano, in pro. per., for Respondent.
Jacqueline Valenzuela appeals from a marital dissolution judgment
directing the sale of a residential property and awarding the proceeds to her
ex-husband Jose Angel Serrano. She contends the judgment should be
reversed because Serrano allegedly committed perjury at trial. We reject this
contention because the record on appeal contains no evidence of the alleged
perjury, and Valenzuela never raised this claim or moved to set aside the
judgment in the family court. We affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Valenzuela and Serrano were married in January 2021 and separated
less than two months later. In June 2023, Valenzuela filed a petition for
dissolution of the marriage.
The parties contested the disposition of a residential property in
El Cajon. The family court conducted a trial to resolve this issue on
November 15, 2024. The record on appeal does not include a reporter’s
transcript or agreed or settled statement of the trial.
On December 2, 2024, the court held a hearing to render its decision
after trial. The court ordered the El Cajon property sold with the proceeds
going solely to Serrano. The court directed Valenzuela’s counsel to prepare
the judgment.
No judgment was entered for over four months. In March 2025, before
entry of judgment, Serrano requested sanctions against Valenzuela for
failure to cooperate in the sale of the property. Valenzuela’s counsel
responded with a declaration stating that Serrano had not contacted him and
that he was willing to cooperate with Serrano’s efforts to sell the property.
His declaration did not mention anything about Serrano committing perjury
during the trial. The record does not reflect the court’s ruling on the
sanctions request.
On April 17, 2025, the court entered judgment directing sale of the
property and awarding the proceeds to Serrano according to the terms of its
prior ruling of December 2, 2024. Valenzuela filed this appeal from the
judgment. She never filed a motion to set aside the judgment in the trial
court.
2
DISCUSSION
For the first time on appeal, Valenzuela contends that the judgment
must be set aside under Family Code section 2122 because Serrano allegedly
admitted that he committed perjury at the trial. She contends that Serrano
made this admission in a letter he sent her “days after the trial.” This
contention fails for two reasons.
First, the record on appeal does not include either Serrano’s allegedly
perjurious testimony or the letter in which he allegedly admitted committing
perjury. There is no reporter’s transcript or other proper record of Serrano’s
testimony at the trial on November 15, 2024. As for the letter, Valenzuela’s
opening brief refers to “EXHIBIT 1” and “EXH
{# E23 (Nick, ruling section 1 answer 10): quoting a bill or a court opinion works
the way quoting a news article works. Select a passage above and the same panel
opens: the passage goes to the official you choose, with this document's own
address as its source and its own type. #}