Marriage of Hu and Lin CA5

Filed 8/2/22 Marriage of Hu and Lin 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 KATHERINE HU and PAUL LIN.

KATHERINE HU, F082832

Respondent, (Super. Ct. No. R1502FL6395)

v. OPINION PAUL LIN,

Appellant.

THE COURT * APPEAL from a judgment of the Superior Court of Kern County. Gloria J. Cannon, Judge. Chung & Ignacio and Eric N. Chung, for Appellant. Wanger, Jones, Helsley and Jay A. Christofferson, for Respondent. -ooOoo-

* Before Franson, Acting P. J., Smith, J. and Snauffer, J.

Appellant, Paul Lin, appeals the denial of his request for orders, seeking a division of community assets he believes were not addressed in a judgment entered in April 2019. Appellant believes he can pursue such an order under Family Code 1 section 2556, which states courts have continuing jurisdiction over matters not addressed in a judgment dividing marital assets. Following our review of the record provided by the parties to this court, we affirm the judgment entered below denying appellant’s request for orders. FACTUAL AND PROCEDURAL SUMMARY Appellant and Katherine Hu were married in 2005 but separated just over four years later in 2009. As of 2018, the couple had yet to formalize various aspects of their divorce.2 Specifically, the parties were in limbo on how to divide their assets. In April 2016, the court designated an expert to complete a report pursuant to Evidence Code section 730 (730 report), identifying the couple’s assets at the time of separation. Both parties participated in this hearing. When the 730 report was ready in November 2016, Hu contacted the expert in an email and asked if the total he listed as community property would all eventually be designated community property by the trial court. Hu noted that since the separation she had made mortgage payments on the family home and had already made some payments to appellant. The expert responded:

“My job was to determine the cash balances as of October 27, 2016. I do not have the information to determine who owes what. I assume the two attorney’s [sic] will determine this based on what you and Mr[.] Linn [sic] provide to them. There are a lot of variables such as net fair market value of house,[ ]how much more you have paid Mr. Lin, value of furnishings taken[,] etc.”