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WJH Wins on Appeal

September 6th, 2022

WJH Wins on Appeal

Jay A. Christofferson and Joshua B. Bailey successfully defeated an appeal of an order denying a request to set aside/modify a marital settlement agreement and judgment.  In Katherine Hu v. Paul Lin, Fifth District Court of Appeal Case No. F082832, the Court denied the request to modify an April 2019 marital settlement agreement and judgment pursuant to Family Code section 2556.  The Court held that while state courts have continuing jurisdiction over matters, that jurisdiction only addresses matters not included within a judgment.  The Court determined that there was a failure by Appellant to demonstrate that he did not have an opportunity to participate at the trial court level, discover and identify all marital assets and comment on or object to the findings of the Evidence Code section 730 expert retained by the Court to analyze the marital assets and find an equitable distribution of same.  Respondent, Ms. Hu, was rewarded her costs on appeal.