In re Marriage of Steiner & Hosseini

In In re Marriage of Steiner & Hosseini (2004) 117 Cal.App.4th 519, a family law case was tried, but no one complained about the absence of a final declaration of disclosure until the point was raised in a new trial motion. The wife, attacking the judgment on appeal, then touted the absence of a final declaration of disclosure as a kind of "'get-a-new-trial-free card.'" (Id. at p. 522.) But she could not articulate any prejudice as a result of the nondisclosure, so we held that the judgment could not constitutionally be set aside. Moreover, our decision by no means said that the Family Code nondisclosure set aside statute was ipso facto unconstitutional. When an appellant can show prejudice from the nondisclosure, the statute is not trumped by the constitutional miscarriage of justice provision. (Id. at p. 528 if litigant not complying with disclosure statute identified "some portion of the judgment materially affected by the nondisclosure," statute could still be basis of reversal.)