In In re Marriage of Mallory (1997) 55 Cal.App.4th 1165, the appellate court held "that the trial court in a marital dissolution action is empowered to enter a judgment nunc pro tunc with respect to all issues, including marital status, submitted to the court for decision prior to the death of a party to the proceeding, notwithstanding the general rule in Family Code section 310 that such a death abates a cause of action for termination of status." In that case, the husband passed away after the property issues had been submitted to the court for decision but several hours before the trial court entered its judgment dissolving the marriage and deciding the property issues. (Id. at p. 1168.) Relying on Code of Civil Procedure section 669 and Family Code section 2346, as well as "the independent, inherent power" of the trial court upon the death of a party, the appellate court determined the trial court had authority to enter judgment nunc pro tunc as to marital status and all issues submitted for decision and remanded the matter for the husband's representative to renew a motion for judgment nunc pro tunc if he chose to do so. (Mallory, at pp. 1171, 1183; see In re Marriage of Shayman (1973) 35 Cal.App.3d 648, 650-651 111 Cal. Rptr. 11 relying on Code Civ. Proc., 669 to affirm entry of nunc pro tunc judgment as of a date before the husband's death as to matters that had been decided.)