Dunn v. Dunn CA5

Filed 4/17/14 Dunn v. Dunn CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

MARINA M. DUNN, F067129 Respondent, (Super. Ct. No. VFL229866) v.

WILLARD A. DUNN, OPINION Appellant.

APPEAL from an order of the Superior Court of Tulare County. Bret D. Hillman, Judge. Sullivan and Sullivan, J. Patrick Sullivan and Ryan P. Sullivan for Respondent. Willard A. Dunn, in propria persona, for Appellant. -ooOoo- Appellant, Willard Arthur Dunn, appeals from a trial court order relieving his former spouse of the obligation to make monthly payments of $100 for his benefit pursuant to the terms of a marital settlement agreement. Respondent argues certain events have rendered it impossible for this court to grant appellant effective relief. We agree, and dismiss the appeal as moot.

FACTUAL AND PROCEDURAL BACKGROUND Appellant is currently serving a prison sentence of 33 years and four months as a result of convictions in June 2000 on 21 felony counts involving sex crimes against children. We affirmed those convictions in an unpublished opinion filed on December 9, 2002. (People v. Dunn (Dec. 9, 2002, F037048) [unpub. opn.].)1 Appellant’s former wife, respondent Marina Monica Dunn, filed for divorce in approximately October 2008. The parties entered into a marital settlement agreement (MSA) under which appellant agreed to relinquish his interest in most of the community assets. Respondent agreed to deliver to appellant a promissory note, secured by real estate, for the ostensible purpose of equalizing the division of the community property. The terms of the MSA relating to the promissory note provide, in pertinent part: “Said Promissory Note shall be in the sum of $60,000.00 and shall bear no interest. Said Promissory Note may be paid off at any time and is all due and payable when the Husband is released from prison or when the ranch, which secures said Promissory Note, is sold. [¶] In addition to the Promissory Note, Wife does hereby agree that until such time as said Promissory Note has been paid in full or until such time as the Husband is released from prison, to pay to Husband’s brother, LEROY DUNN, the sum of $100.00 per month on behalf of the Husband. Said payments shall be made to LEROY DUNN beginning November 15, 2009 and continuing on a like day of each month until paid in full.” The MSA also contains provisions governing the division of community debts and obligations. Appellant agreed to assume responsibility for a $10,000 restitution fine