Spector v. Spector (In re Spector)

233 Cal. Rptr. 3d 855, 24 Cal. App. 5th 201
CourtCalifornia Court of Appeal, 5th District
DecidedMay 16, 2018
DocketC084628
StatusPublished
Cited by12 cases

This text of 233 Cal. Rptr. 3d 855 (Spector v. Spector (In re Spector)) 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
Spector v. Spector (In re Spector), 233 Cal. Rptr. 3d 855, 24 Cal. App. 5th 201 (Cal. Ct. App. 2018).

Opinion

Robie, J.

*204Petitioner Phillip Spector (husband) filed for dissolution of his marriage to respondent Rachelle Spector (wife). The primary issue on appeal is whether the trial court's inherent authority to reconsider its own orders as explained in Le Francois v. Goel (2005) 35 Cal.4th 1094, 29 Cal.Rptr.3d 249, 112 P.3d 636 permitted the court to sua sponte modify the terms of the temporary spousal support order retroactively under the circumstances presented. Wife argues the trial court was precluded from doing so pursuant to Family Code 1 sections 3603, 3651, subdivision (c), and 3653, subdivision (a), and the various cases interpreting those statutes. We conclude the *857court had inherent authority to reconsider its prior order and to apply its modified decision retroactively. Finding no merit in wife's argument that the court violated her due process rights when it exercised this authority, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are generally undisputed.2 On September 9, 2016, wife filed a request for a temporary order for spousal support and professional fees. The parties filed their respective briefs with supporting declarations and evidence in advance of the February 17, 2017, hearing. The court issued its ruling on February 21, 2017 (2-21 Order) and served the order on the parties via e-mail the next day. The court ordered, among other things, husband to pay wife temporary spousal support and certain professional fees. The first temporary spousal support payment was due on March 1, 2017. The 2-21 Order states "[t]hese Orders shall remain in full force and effect until they are modified pursuant to a written agreement between the parties or further court Order."

Shortly after receiving the 2-21 Order on February 22, 2017, husband sent an email to the judge with a copy to wife, stating "there appears to be an error in your arithmetic" regarding the monthly temporary spousal support figure. (Bolding omitted.) Husband, wife, and the judge engaged in several *205e-mail exchanges regarding the calculations and the effect of the monetary awards and requirements in the 2-21 Order. Husband suggested "that the court relabel it's [sic ] ruling to instead be a Tentative Ruling and let us each argue before making it final." On February 23, 2017, the judge responded, "[q]uite frankly I have the authority to modify the orders and am considering doing so." She further stated "[w]e can call the notice and orders tentative," and invited the parties to argue the issues but indicated she "prefer[red] a 5 page written argument from each of [them]."

Husband responded that a five-page written argument was fine with him. Wife responded: (1) objecting to the use of e-mails for argument on substantive matters; (2) requesting the "ruling be treated like any other order after hearing issued in any family law or civil matter"; (3) requesting that any reconsideration of the ruling proceed under Code of Civil Procedure section 1008 and "by the briefing Code"; (4) stating, as a procedural matter, the parties and judge needed to review the hearing transcript, which would be available around March 3, 2017; and (5) explaining the "request for the standard briefing protocol and schedule" was to "assure that the parties' stipulation and order appointing a private judge is complied with and due process followed here" and to provide her counsel with sufficient time and ability to represent her.

The judge responded to wife, "[p]ursuant to the holding in Le Francois v. Goel (2005) 35 Cal.4th 1094 [29 Cal.Rptr.3d 249, 112 P.3d 636], I have the authority and ability to reconsider a ruling I made sua sponte which is exactly what I'm going to do." The judge further explained she needed to review the hearing transcript based on wife's comments because her memory differed from wife's. She continued: "As part of my reconsideration I am providing, although I am not required to do so, an opportunity for counsel to provide a written argument of no more than 5 pages. [¶]

*858I am happy to provide you more time to provide your argument ... no due date has as yet been set. Obviously I need to read the transcript before I am able to reconsider the ruling. [¶] The written argument, from both counsel, will be due by March 15. That way I'll have the transcript and both written arguments to read together. [¶] In the mean time [sic ], the current orders while under reconsideration remain in full force and effect." Wife indicated "[n]o objection" to the "email re: scheduling and current order remaining in place while this matter is under reconsideration." Husband stated his objection that the 2-21 Order should be a tentative order without full force and effect, which the judge noted.

On March 3, 2017, wife provided the judge with copies of the reporter's transcript from the February 17, 2017, hearing. In the same e-mail, wife requested an "expedited hearing date and briefing schedule" to seek relief from the court "to address [husband's] failure to comply with the Order After *206Hearing by failing to make the first spousal support payment that was due on March 1, 2017." Such proposed relief included an order barring husband from attacking the 2-21 Order based on his noncompliance with the order pursuant to the disentitlement doctrine. The judge responded that wife would need to file a request for such relief in the trial court. Wife then asked for clarification regarding the 5-page limitation and for guidance on the issues to be addressed in the parties' submissions. The judge responded the 5-page limitation applied to argument only and added the parties were not allowed to submit additional declarations or exhibits. She further advised briefing should address "[t]he issue of what amount of pendente lite spousal shall be paid."

Both parties submitted briefs. Husband argued "[t]he only problem is that [the amount ordered in the 2-21 Order] greatly exceeds [husband's] monthly cash flow." Husband requested that the court either change the amount of the spousal support to below the guideline amount or order each party to pay his or her own attorney and professional fees, and for wife to pay all of the house-related expenses.

Wife argued there was no arithmetic error in the 2-21 Order and "there has been no additional findings or new evidence presented whatsoever

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Cite This Page — Counsel Stack

Bluebook (online)
233 Cal. Rptr. 3d 855, 24 Cal. App. 5th 201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spector-v-spector-in-re-spector-calctapp5d-2018.