Marriage of Aguina and Kang CA4/2

CourtCalifornia Court of Appeal
DecidedOctober 7, 2025
DocketE079976
StatusUnpublished

This text of Marriage of Aguina and Kang CA4/2 (Marriage of Aguina and Kang CA4/2) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marriage of Aguina and Kang CA4/2, (Cal. Ct. App. 2025).

Opinion

Filed 10/7/25 Marriage of Aguina and Kang CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

In re the Marriage of AGUINA AGUINA and CHOONG-DAE KANG.

AGUINA AGUINA, E079976 & E080445 Appellant, (Super.Ct.No. SWD015783) v. OPINION CHOONG-DAE KANG,

Respondent.

CONSOLIDATED APPEALS from the Superior Court of Riverside County.

Sean Lafferty, Judge. Affirmed.

Aguina Aguina, in pro. per., for Appellant.

Choong-Dae Kang, in pro. per., for Respondent.

INTRODUCTION

In 2008, Aguina Aguina (husband) petitioned to dissolve his marriage to Choong-

Dae Kang (wife). Since then, the parties have engaged in protracted litigation in the

1 family and civil courts concerning their community assets and liabilities, among other

issues. This is our sixth opinion addressing the parties’ various appeals.

The current appeal concerns the denial of two motions husband filed in the family

court to modify child and spousal support. The first motion, a request for order (RFO)

filed in September 2021, sought to increase child support for the two months leading up

to the parties’ youngest child turning 18. The second motion, an RFO filed in September

2022, sought to retroactively increase child and spousal support going back to July 2011

for child support and February 2012 for spousal support. The family court denied both

motions and husband appealed.

Husband contends the court erred in denying his motions. His primary claim on

appeal is that under In re Marriage of Freitas (2012) 209 Cal.App.4th 1059 (Freitas), the

family court had jurisdiction to retroactively modify child and spousal support going back

to 2011 and 2012 based on the court having reserved jurisdiction in the temporary

support order it entered in October 2012. Husband also contends that wife should not

have been allowed to participate in the support proceedings at issue because the court

entered terminating sanctions against her in November 2016, and that the court erred in

concluding he failed to show that modification of child support was warranted for the two

months leading up to the parties’ youngest child turning 18.

Wife raises multiple procedural challenges to husband’s appeal and substantively

disputes his claims.

We affirm.

2 BACKGROUND

Husband and wife were married in November 1999. They had two children, S.A.,

born in March 2002, and R.A., born in November 2003. In September 2008, husband

filed a petition to dissolve the marriage.

A. The October 2012 Temporary Child and Spousal Support Order

In October 2012, the family court issued a temporary child and spousal support

order that remained in effect for several years (the October 2012 temporary support

order).

The order was issued after a hearing where both parties testified. The court found,

based on the testimony and evidence presented, that it was “clear … both parties [were]

enjoying an upper middle-class to upper class life style.” However, the court did “not

believe that either party [was] being altogether candid … as to their sources of income.”

The court continued the hearing “in hopes of receiving more information from the

forensic [accounting] expert” and reserved jurisdiction to modify the support order “so

that [the] numbers can be adjusted retroactively.” Based on the parties’ monthly expense

figures, the court ordered wife to pay husband $535 per month in child support,

retroactive to July 15, 2011, and $260 per month in spousal support, retroactive to

February 1, 2012. The order was specifically entered “without prejudice and with the

intention of allowing both parties to continue to collect documentation to prove the

earnings (or lack thereof) of each party” at which point the court would “retroactively

3 amend [the] order to give each party those benefits under the authority of [Freitas, supra,

209 Cal.App.4th 1059].”

Thereafter, hearings regarding child and spousal support were continued for the

next couple years. The court continued to reserve jurisdiction to modify the support

order, as noted at hearings on October 26, 2012, November 6, 2012, August 13, 2013,

and May 5, 2014.

B. The 2015 Trial

Eventually, a trial date was set for February 6, 2015. The parties agreed the trial

would encompass child and spousal support issues, attorney fees, and the division of the

parties’ community assets and debts.

Husband appeared in court on February 6, 2015, without counsel and requested a

continuance, which the court denied.1 The court gave husband to February 10 to gather

his witnesses. On February 10, both parties declined to call any witnesses and submitted

on the basis of the court’s file. As the court later described, “No testimony was taken, no

evidence or exhibits were submitted, and no argument was submitted by either side. The

matter was just submitted to the Court.”

The court ordered the parties’ marriage dissolved effective February 6, 2015. As

to the remaining issues, the court ruled: “Since no witnesses were called, no exhibits or

evidence presented, the Court has no alternative except to order that all prior orders

1 The court noted husband had filed the petition for dissolution more than six years earlier and had at least three attorneys over the life of the case. The court said: “[I]t’s not my fault that a conflict [between husband and his counsel] develops every time we’re ready for trial, and so we have to press forward with this case.”

4 remain in full force and effect other than the granting of status entered on February 6,

2015.”

Husband appealed the entry of the status-only judgment, and this court affirmed.

C. Husband’s June 2015 RFO to Modify Child and Spousal Support

On June 26, 2015, husband filed a new RFO seeking to modify child and spousal

support. Through the RFO, husband sought to increase child support by approximately

$3,000 per month (from $535 to $3,445) and to increase spousal support by

approximately $6,000 per month (from $260 to $6,614) going back to the 2011 and 2012

dates to which the court had reserved jurisdiction in the October 2012 temporary support

order.

The court denied the request because there had not been a change of circumstances

to warrant a modification of the support order. Husband did not appeal.

D. The November 2016 Terminating Sanctions Against Wife

The parties again proceeded toward a trial, until November 4, 2016, when the

court ordered the trial off calendar and granted husband’s request to sanction wife for

failing to comply with discovery.

This was the second time the court sanctioned wife for failing to comply with

discovery. In August 2013, the court ordered wife to pay $10,000 in sanctions and

prohibited her from presenting evidence related to the companies USA Limited, Go

Beyond, Authentic Way, and Deep Sea Water.

5 At the hearing on November 4, 2016, husband’s counsel directed the court to four

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Rousey v. Jacoway
544 U.S. 320 (Supreme Court, 2005)
In Re Marriage of McNaughton
145 Cal. App. 3d 845 (California Court of Appeal, 1983)
In Re the Marriage of Murray
124 Cal. Rptr. 2d 342 (California Court of Appeal, 2002)
In Re Marriage of Tydlaska
7 Cal. Rptr. 3d 594 (California Court of Appeal, 2003)
Plumas County Department of Child Support Services v. Rodriquez
76 Cal. Rptr. 3d 1 (California Court of Appeal, 2008)
Eustice v. Eustice
242 Cal. App. 4th 1291 (California Court of Appeal, 2015)
People v. Stuyvesant Insurance
18 Cal. App. 3d 411 (California Court of Appeal, 1971)
Askmo v. Askmo
85 Cal. App. 4th 1032 (California Court of Appeal, 2000)
Cheriton v. Fraser
92 Cal. App. 4th 269 (California Court of Appeal, 2001)
Campbell v. Campbell
136 Cal. App. 4th 502 (California Court of Appeal, 2006)
Stanton v. Stanton
190 Cal. App. 4th 547 (California Court of Appeal, 2010)
Gruen v. Gruen
191 Cal. App. 4th 627 (California Court of Appeal, 2011)
M & M Foods, Inc. v. Pacific American Fish Co.
196 Cal. App. 4th 554 (California Court of Appeal, 2011)
Cryer v. Cryer
198 Cal. App. 4th 1039 (California Court of Appeal, 2011)
Freitas v. Freitas
209 Cal. App. 4th 1059 (California Court of Appeal, 2012)
Spector v. Spector (In re Spector)
233 Cal. Rptr. 3d 855 (California Court of Appeals, 5th District, 2018)
Morton v. Morton (In re Morton)
238 Cal. Rptr. 3d 407 (California Court of Appeals, 5th District, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
Marriage of Aguina and Kang CA4/2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-aguina-and-kang-ca42-calctapp-2025.