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MONTENEGRO v. DIAZ

No. S090699.

109 Cal.Rptr.2d 575 (2001)

26 Cal.4th 249

27 P.3d 289

Alex MONTENEGRO, Plaintiff and Respondent, v. Deborah DIAZ, Defendant and Appellant.

Supreme Court of California.

July 30, 2001.

Attorney(s) appearing for the Case

Covington & Crowe, Katrina West and Donald C. Haslam, Ontario, for Defendant and Appellant.

Tuckerman & Thompson and Byron C. Thompson, Claremont, for Plaintiff and Respondent.

Starre & Cohn, Shelley L. Albaum and Harold J. Cohn, Los Angeles, as Amici Curiae on behalf of Plaintiff and Respondent.

Sissie L. Barker and P. Timothy Pittullo, Rancho Cucamonga, for Minor.

Leslie Ellen Shear, Encino, for Levitt and Quinn Family Law Center, Inc., Association of Certified Family Law Specialists, Inc., Los Angeles, Harold J. Cohn, Douglas Darnell, Robin Drapkin, Lyn Greenberg, Lee Lawless, San Diego, Hugh Mclsaac, Nancy Oleson, Philip M. Stahl, Peter Walzer, Woodland Hills, Richard Warshak, Leonard Weiler, San Ramon, and Linda Wisotsky, Beverly Hills, as Amici Curiae on behalf of Minor.

Sandra E. Purnell, Mammoth Lakes, for Mary A. Duryea as Amicus Curiae.

BROWN, J.

In a story that has become all too familiar, Deborah Diaz and Alex Montenegro could not agree on custody and visitation over their son, Gregory. During the child custody proceedings, Diaz and Montenegro entered into various stipulations, confirmed by the trial court, "resolving" their disputes over Gregory. In the last such stipulation, Diaz and Montenegro agreed to joint legal custody of Gregory, with Diaz having primary physical custody. When Gregory was...

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