A.R. v. L.N. CA2/8

Filed 8/10/15 A.R. v L.N. CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

A.R., B259753

Appellant, (Los Angeles County Super. Ct. No. SF001525) v.

L.N.,

Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. Shelley Kaufman, Judge. Dismissed.

Weissburg Law Firm and Diane B. Weissburg for Appellant.

Feinberg, Mindel, Brandt & Klein, Wallace S. Fingerett and Taylor Bouchard Wallin for Respondent.

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In this paternity action, father A.R. appeals an order setting aside sanctions of $1,000 ordered against mother L.N and her counsel. For the reasons set forth below, we lack jurisdiction to consider this appeal and accordingly dismiss the appeal. BACKGROUND On July 18, 2011, father commenced this paternity action against mother to establish a parental relationship with the parties’ minor child. The parties entered into a stipulation establishing father’s paternity on September 30, 2011. Thereafter, the litigation became contentious, with numerous modifications of the court’s temporary custody and visitation orders. The trial on custody took place on April 24, 25, May 1, 2, 15, and 16, 2014. On July 10, 2014, the trial court issued a lengthy statement of decision providing the parties with joint legal and physical custody of the child, and establishing a visitation schedule. The statement of decision reserved decision on the issues of child support and attorney fees. The trial court’s statement of decision specified: “Orders for child support and attorney fees are not included in this Statement of Decision and will be addressed separately.” The statement of decision also provided that mother was to prepare a judgment within 20 days. No judgment or notice of entry of judgment was initially included in the appellate record, though at oral argument, we granted father’s request to lodge a copy of the August 15, 2014 custody judgment with this court. The August 15, 2014 judgment provided (consistently with the statement of decision) that jurisdiction was reserved to enter judgment for attorney fees and child support. On July 24, 2014, the trial court conducted a trial on the issue of child support and attorney fees, and issued its tentative statement of decision in its minutes and orally on the record, ordering father to pay child support of $1,341 per month and to pay attorney fees of $54,550 to mother. Mother was ordered to prepare the statement of decision. However, no statement of decision or judgment appears in the appellate record, and mother’s appellate brief indicates that the judgment concerning child support and attorney fees has not yet been entered by the trial court.