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In re Spector11/4/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Appellant Lynn Spector contends the trial court abused its discretion, by (1) denying her request for a continuance of a hearing date; (2) imputing a minimum wage earning capacity to appellant for child support purposes; (3) abating spousal support; and (4) failing to make a finding on the marital standard of living, for spousal support purposes. We find no prejudicial abuse of discretion, and affirm the trial court's rulings.
I. FACTS AND PROCEDURAL HISTORY
Lynn and David A. Spector were married on May 11, 1985. Their first and only child, Milo, was born in July of 1988. On February 11, 1993, Lynn filed a petition for dissolution of marriage. An informal dissolution was granted later that year, but no formal order was entered because the parties reconciled immediately thereafter, and instructed their attorneys to take no further action. However, the parties separated again, and on December 6, 1999, the court granted Lynn's petition for dissolution, finding the marital status terminated as of that day, and reserving the other issues for later determination.
The case made little progress for several years, with numerous continuances being granted by the court. As of February 26, 2002, appellant was unrepresented and respondent deposited $1,500 in a trust for her attorney fees, consistent with an earlier court order. An attorney, Edith Jackson, was then appointed by the court to serve as counsel for appellant. The impetus for the appointment was a letter from appellant's treating physician declaring her incapable of self-representation. The claimed incapacity was a result of head injuries appellant sustained in an automobile accident before the marriage.
Property and family support issues were set for trial on May 30, 2002. However, appellant discharged Ms. Jackson, in order to obtain an attorney who would represent her pro bono. Respondent's attorney sent repeated communications to appellant requesting that she have her attorney contact him about the fast approaching hearing date. Appellant did not respond to these inquiries, but instead moved for a continuance of the hearing on May 28, 2002. Although her request was denied, the May 30 hearing was ultimately continued to July 18, 2002, due to other calendar conflicts.
Appellant appeared in propria persona at the July 18 hearing, and her oral request for a continuance was denied. A hearing was then held as to the division of community real property, which culminated in an order that the real property should be listed for sale and sold. The proceeds of sale were to be placed in a trust from which the parties would receive an equal share.
The court later heard the child and spousal support issues on September 4, 2002, by which time appellant had obtained counsel. In determining child support the court imputed the minimum wage of $1,160 per month to appellant, finding that she had failed to produce any evidence to substantiate her alleged inability to work, and that she was not excused from presenting such evidence because she was receiving social security benefits. Spousal support was also ordered abated as of January 2003.
II. DISCUSSION
A. STANDARD OF REVIEW
"The decision to grant or deny a continuance is committed to the sound discretion of the trial court." (Forthmann v. Boyer ( 2002) 97 Ca
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