Marriage of Ball CA5

Filed 3/1/21 Marriage of Ball 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re the Marriage of MARK G. and DEBORAH P. BALL.

MARK G. BALL, F077405

Respondent, (Super. Ct. No. R-1502-FL-7957)

v. OPINION DEBORAH P. BALL,

Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth G. Pritchard, Judge. Deborah P. Ball, in pro. per., for Appellant. Roger I. Stein for Respondent. -ooOoo-

* Before Detjen, Acting P.J., Meehan, J. and Snauffer, J.

Appellant, a self-represented litigant, filed this appeal after entry of a judgment of dissolution, contending the trial court abused its discretion by failing to address her request for sanctions for breach of fiduciary duty. She requests a remand so the trial court can consider and rule on her sanctions request. Under the applicable rules of appellate procedure, we are required to presume the trial court considered and impliedly denied her request for sanctions. (In re Marriage of Arceneaux (1990) 51 Cal.3d 1130, 1133 (Arceneaux).) Appellant has not overcome this presumption by affirmatively demonstrating the trial court failed to rule on her request. For instance, she has not shown she objected to the trial court’s written tentative ruling on the ground it did not address her sanctions request. Also, appellant’s motion for reconsideration did not object to the omission of an explicit ruling on the sanctions issue. We therefore affirm the judgment. BACKGROUND Appellant Deborah P. Ball and respondent Mark G. Ball were married in January 2001. Mark filed a petition for legal separation from Deborah in October 2013. In February 2014, a judgment of legal separation was filed, which attached the parties’ legal separation agreement. In March 2014, Mark filed a petition for dissolution of marriage. In December 2014, the trial court set aside the legal separation agreement, determined the payments Mark had made under the agreement would be credited to him at the time of trial, and awarded Deborah attorney fees and costs of $2,500. On September 10, 2015, Deborah filed a request for order to compel discovery, attorney fees and sanctions. After continuances, the request for attorney fees and sanctions was denied. In March 2016, the trial court set a June 2016 trial date. Subsequently, the court continued the trial date to August 16, 2016.