Marriage of Cunningham CA2/6

Filed 11/23/20 Marriage of Cunningham CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

In re Marriage of JENNIFER 2d Civil No. B301683 and JOHN PAUL (Super. Ct. No. D372438) CUNNINGHAM. (Ventura County)

JENNIFER CUNNINGHAM,

Appellant,

v.

JOHN PAUL CUNNINGHAM,

Respondent.

Jennifer Cunningham appeals from the judgment and various postjudgment orders entered in her dissolution action against John Paul Cunningham.1 Jennifer contends the trial court erred when it: (1) denied her challenges to its statement of decision, (2) imputed income to her, (3) awarded

1 We use the parties’ first names for clarity.

sanctions against her, (4) denied her request for attorney fees, and (5) did not order the full amount of sanctions against John that she requested. We affirm. FACTUAL AND PROCEDURAL HISTORY Jennifer and John were married in 1997, and separated in 2015. In the weeks leading up to the trial of their dissolution action, Jennifer requested John’s financial disclosures several times. John filed his trial brief, witness list, and final declaration of disclosure two days before trial. On the second day of trial, Jennifer and John signed a settlement agreement regarding custody of their four children. The next morning they signed an agreement regarding financial matters. John’s vocational expert, Phillip Sidlow, testified that afternoon. Sidlow said that, despite her various disabilities, Jennifer could be earning $60,000 within six months if she made a “concentrated effort at finding employment.” He also testified about employment opportunities available to persons, like Jennifer, who received Social Security disability payments. Jennifer testified about her child support needs on the last day of trial. During her testimony, the trial court asked if she was employed. Jennifer said that she was not because she was disabled. The court asked if she had sought employment at any point during the proceedings. Jennifer replied that she had not. In its tentative ruling, the trial court relied on Sidlow’s testimony to impute $60,000 in annual income to Jennifer. It also ordered John to pay $838 in child support and $2,000 in spousal support each month. The court awarded Jennifer $8,000 in attorney fees, and ordered her to pay an $8,000 sanction because she “raised many issues for which she