SECTIONS 2070-2074 - California Statutes

FAMILY.CODE

SECTION 2070-2074

2070. (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. 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. 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. (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. (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.