Marriage of Ruballos CA2/7

Filed 8/20/14 Marriage of Ruballos CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

In re Marriage of JORGE A. and ROSA B247989 RUBALLOS. (Los Angeles County Super. Ct. No. BD550156)

JORGE A. RUBALLOS,

Appellant,

v.

ROSA V. RUBALLOS,

Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Elia Weinbach, Judge. Affirmed. Jorge A. Ruballos, in pro. per., for Plaintiff and Appellant. Rosa V. Ruballos, in pro. per., for Defendant and Respondent. _________________________

Jorge A. Ruballos appeals from a judgment of the family law court finding that certain real property in Guatemala was acquired with community funds. We affirm. FACTUAL AND PROCEDURAL BACKGROUND 1 Jorge A. Ruballos and Rosa V. Ruballos (now Linares) were married in August 1995 and separated 16 years later in August 2011. They have two teenage children. Jorge petitioned for dissolution of the marriage on August 22, 2011. Jorge and Rosa resolved all custody, support and property issues except for the characterization (source of funds) of certain real property located in Guatemala known as Hacienda El Cerrito and the community or separate character of a debt for attorney fees. Jorge contended the Guatemala property had been purchased by his brother as a gift for their mother; Rosa asserted community funds, including approximately $20,000 that had been kept in the couple’s safe deposit box, had been used to acquire the property. Following an evidentiary hearing on October 30, 2012 at which 10 witnesses, including both Jorge and Rosa, testified, the court credited Rosa’s testimony and ruled community funds had been used and Hacienda El Cerrito was community property or held for the community. (There was no dispute title to the property was in the name of Jorge’s mother.) As it explained, “The court believes on balance Mrs. Ruballos was telling the truth and that Mr. Ruballos was not.” The court also ruled the obligation to pay attorney 2 fees in an unrelated property dispute was a community debt. On November 8, 2012 Jorge, through new counsel, moved to reconsider the ruling that community funds had been used to buy Hacienda El Cerrito, alleging he had just discovered his younger brother Raul Ruballos Martinez (Raul) had receipts reflecting Raul’s purchase of money orders in his own name in the exact amount of the purchase