Opett v. Sharif CA2/3

Filed 3/19/14 Opett v. Sharif CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

MICHAEL OPETT, B247886

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BD542208) v.

FARAH SHARIF,

Defendant and Appellant.

APPEAL from judgment of the Superior Court of Los Angeles County, Christine Byrd, Judge. Affirmed.

Farah Sharif, in pro. per., for Defendant and Appellant.

Girardi | Keese, Thomas V. Girardi and Lauren E.S. Horwitz for Plaintiff and Respondent.

_____________________

INTRODUCTION Farah Sharif appeals from the judgment dissolving her marriage to Michael Opett. Sharif contends the trial court erred in awarding Opett sole physical custody of their son and denying Sharif spousal support. We affirm. FACTS AND PROCEDURAL BACKGROUND Sharif and Opett were married on February 8, 2005, and separated on March 28, 2011. They have one child, Aiden Opett, born April 20, 2007. Opett is a high school graduate. He works as a “starter” at a country club, earning between $3,000 and $3,200 per month, plus an annual holiday bonus from the members. He does not receive significant income from tips. Sharif has an Associate of Arts degree in accounting. She formerly worked as an accountant at the same country club where Opett works, but was forced to quit due to an illness she contracted during the marriage. At the time of trial, Sharif was receiving disability benefits of about $1,800 per month, plus $800 in rent from a roommate. She affirmed she has the ability to work and was seeking a job. During the marriage, Sharif became very ill with swine flu. She was hospitalized for a lengthy period of time, part of which she spent in a coma. The illness caused permanent injury to her lungs, resulting in her toes being amputated due to the low oxygen levels. During her hospitalization and after her release, Sharif took high doses of narcotic pain killers, including morphine and dilaudid. At the time of the parties’ separation, Sharif continued to take high doses of dilaudid and also drank alcohol. In 2012, the year after separation, Sharif began taking methadone as a substitute for dilaudid; however, she made frequent visits to the hospital complaining of pain, for which she received dilaudid. At the time of trial, Sharif testified she was taking approximately 10 different medications on a regular basis, including methadone. The parties’ separation was triggered by a domestic violence incident in which Sharif attacked Opett. A restraining order was issued.