Walker v. Jones CA2/4

California Court of Appeal Apr 26, 2023 No. B306560Unpublished

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Holding. The court affirmed the trial court's order requiring the appellant to reimburse the respondent for half of a debt paid from community property proceeds, finding the appellant failed to meet her burden of demonstrating that the trial court erred in characterizing the debt as her separate property.

Issues

Whether the trial court erred in characterizing a debt as the appellant's separate property based on her prior disclosure.
Whether the appellant met her burden of proof to demonstrate that the debt was community property despite her prior designation.
Whether the respondent waived his right to reimbursement for the debt in the parties' stipulated judgment.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the trial court did not err by finding the EDD debt was Jones’s separate property based on Jones’s own admission in her schedule of assets and debts, and the absence of any documentary evidence to the contrary.”

“It is axiomatic that notices of appeal will be liberally construed to implement the strong public policy favoring the hearing of appeals on the merits.”

Filed 4/26/23 Walker v. Jones CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

RICHARD WALKER, B306560

Respondent, (Los Angeles County Super. Ct. No. 18CMFL00763) v.

MICHELLE JONES,

Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Armando Duron, Judge Pro Tempore. Affirmed. Law Offices of Anne Dowden Saxton, Anne Dowden Saxton and Travis Poteat, for Appellant. Law Office of Margaret Reyes and Margaret Reyes for Respondent.

INTRODUCTION

Richard Walker and Michelle Jones resolved a marital dissolution proceeding by entering into a stipulated judgment. After entry of the stipulated judgment, a dispute arose regarding the net proceeds from the sale of their family home (the property). The stipulated judgment provided the net proceeds from the sale would be divided equally. During the sale transaction, however, it was discovered there were several outstanding liens on the property. As relevant to this appeal, Jones contended a lien on the property for a debt she owed to the Employment Development Department in the amount of $14,128.58 (the EDD debt) was a community property debt, and therefore, the debt should be paid equally by the parties from the proceeds of the sale. Walker countered the EDD debt was Jones’s separate property debt; thus, he argued, it was improper for the community to pay the debt from the proceeds of the sale. The trial court agreed with Walker, and ordered Jones to reimburse Walker for half of the EDD debt. Jones’s sole contention on appeal is the trial court erred by finding the EDD debt was Jones’s separate property. Because Jones failed to meet her burden on appeal to affirmatively demonstrate error, we affirm.

Walker v. Jones CA2/4

AI Brief

RICHARD WALKER, B306560

MICHELLE JONES,

INTRODUCTION

FACTUAL AND PROCEDURAL BACKGROUND

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN THE OFFICIAL REPORT

COLLINS, J.

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