Look v. Penovatz

245 Cal. Rptr. 3d 777, 34 Cal. App. 5th 61
CourtCalifornia Court of Appeal, 5th District
DecidedApril 8, 2019
DocketH044754
StatusPublished
Cited by6 cases

This text of 245 Cal. Rptr. 3d 777 (Look v. Penovatz) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Look v. Penovatz, 245 Cal. Rptr. 3d 777, 34 Cal. App. 5th 61 (Cal. Ct. App. 2019).

Opinion

Greenwood, P.J.

*63Appellant William Look, Jr. appeals an order of the trial court denying his request for reimbursement under *64Family Code section 39501 for funds he expended while Respondent Bela Penovatz's then-minor son lived in Look's household. During the *779relevant period, Penovatz (the child's father) paid child support, pursuant to a court order, to the child's mother, who cohabitated with Look. As Penovatz satisfied his child support obligation under the law, we conclude Look was not entitled to reimbursement under Family Code section 3950,2 and thus affirm the trial court's judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND 3

A. Factual Background

In 2016, the trial court, in a bench trial, heard evidence regarding Look's claim for reimbursement for money he alleged he expended supplying necessaries to Penovatz's son, Christopher. Based on that evidence, the trial court issued a statement of decision and judgment4 in December 2016, finding in favor of Penovatz and denying relief to Look. The court heard testimony from Look, Penovatz, Christopher, and Wendy Rothert, Christopher's mother. We glean the following from the record created during the trial.

Penovatz and Rothert dissolved their marriage in 2006 in San Benito County. In April 2006, the San Benito County court entered an amended judgment on reserved issues that included orders requiring Penovatz to pay child support to Rothert for Christopher, born in 1997, based on Penovatz having 69 percent timeshare with Christopher, and Rothert having 31 percent. The court also ordered both parties to maintain health insurance coverage for Christopher, but noted Rothert did not have such coverage available at the time of the judgment. In 2007, the court modified Penovatz's child support obligation, such that he owed Rothert $400 per month, based on the same time share percentages set forth in the judgment. Christopher's primary residence was with Penovatz in Hollister.

*65At the end of 2010 or beginning of 2011, Rothert began living with Look in Carmel Valley. Look described his relationship with Rothert as a "domestic partnership" and "essentially [a] husband and wife relationship." Look and Rothert did not have a formal agreement requiring Rothert to contribute to living expenses; she would contribute on a voluntary basis what she could, when she could. Look did not expect Rothert to repay him for room or board. In August 2011, Penovatz and Rothert agreed to change the custody arrangement so that Rothert and Look's home would become Christopher's primary residence. Christopher lived with Rothert and Look from that time through his graduation from high school in June 2015, and still lived there at the time of the trial in this matter in August 2016.

During their conversations about changing custody, Penovatz and Rothert discussed modification of the child support order. They disagreed at trial as to whether they reached resolution of the issue. Penovatz believed they signed a written agreement to increase his support payment to $540 per month; he claimed his *780attorney drafted a stipulation based on the parties' agreement regarding support and custody, which he and Rothert signed, along with their attorneys. Rothert's attorney took the agreement, with the understanding he would file it with the court, but Penovatz never received any court-filed documents modifying the previous orders. Penovatz contended Rothert never sought to enforce the informal agreement to increase support to $540; nor did she or Look ever ask Penovatz directly for additional contributions to Christopher's living expenses.

Rothert denied reaching any agreement regarding child support; she contended $540 was an offer made by Penovatz, to which she made a counteroffer of over $1,500 monthly, through her attorney. Look argued this counteroffer represented statutory child support.5 Rothert said "nothing" happened after the attorney made that counteroffer. She denied signing an agreement to modify child support to $540 per month; the only agreement she signed was one concerning custody. There was no dispute Penovatz and Rothert never obtained a court order increasing Penovatz's child support obligation. Penovatz continued to pay $400 per month and provide health insurance for Christopher through his graduation from high school in June 2015.6

Look testified at trial regarding his reasons for not encouraging Rothert to seek a court order increasing Penovatz's child support obligation. He alleged *66Penovatz "childnapped" Christopher from Carmel High School and took him back to Hollister once he learned statutory child support would be over $1,500 per month. Look contended Penovatz only allowed Christopher to return once he believed Rothert agreed to accept a lower amount of child support.7 Penovatz and Christopher both have Serbian passports, and Penovatz owned property in Serbia; Look was concerned Penovatz would again detain Christopher, or perhaps remove Christopher to Serbia, if Rothert persisted in seeking increased support. Moreover, Look alleged Rothert could not afford to continue having an attorney represent her.8 Look testified it was "[his] decision not to force the decision on the support and just continue[ ] supporting [Christopher]." Therefore, Christopher continued to live primarily with Rothert and Look,9 and Penovatz continued to pay child support pursuant to the 2007 child support order.

B. Procedural History

Although not part of the record on appeal, there is no dispute Look filed a complaint *781against Penovatz for relief under section 3950 in February 2015.10 After the trial court overruled his demurrer, Penovatz answered the complaint.

Look served form interrogatories on Penovatz; relevant to this appeal, he asked Penovatz for information about his income in the last three years, including asking for copies of his last three tax returns. Penovatz objected to the interrogatories on privacy grounds, among other reasons. In July 2015, Look filed a motion to compel Penovatz's further responses to the interrogatories, arguing information about Penovatz's employment and rate of pay were relevant to the issue of reimbursement under section 3950, as it fell within the statutory scheme governing child support, and the requested information concerned whether Penovatz "failed to pay support according to his circumstances ...." Penovatz opposed the motion.

*67The trial court denied Look's motion to compel as it pertained to the financial information, finding Look failed to meet his burden to show that the requested information was relevant to a claim or defense in the action.

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Cite This Page — Counsel Stack

Bluebook (online)
245 Cal. Rptr. 3d 777, 34 Cal. App. 5th 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/look-v-penovatz-calctapp5d-2019.