Estevez

Estevez v. Superior Court

Good Law
1994 Cal. App. LEXIS 113·22 Cal. App. 4th 423·27 Cal. Rptr. 2d 470·94 Daily Journal DAR 1841·94 Cal. Daily Op. Serv. 1070
Court of Appeal of CaliforniaFebruary 10, 1994B075365California3,378 words

Opinion

Opinion

Kitching, J.

—Petitioner Emilio Estevez (Estevez) seeks a writ of mandate compelling the respondent superior court to vacate its order of May 3, 1993, directing Estevez to produce information and documentation relating to his income, expenses, and assets, in connection with the application of real party in interest Carey L. Salley (Salley), on behalf of herself and the two minor children of the parties, for modification of child support.

The sole question presented by the petition is whether subsequent legislative enactments have abrogated the ruling of White v. Marciano (1987) 190 Cal.App.3d 1026 [ 235 Cal.Rptr. 779 ], that a trial court may preclude discovery of the net worth and lifestyle of a noncustodial parent where there is no question as to that parent’s ability to pay any reasonable support order. We determine the rule set forth in White v. Marciano remains viable, and grant the petition.

Introduction

White v. Marciano, supra, 190 Cal.App.3d 1026 , dealt with the Agnos Child Support Standards Act of 1984, which established a system of mandatory minimum child support amounts. (Former Civ. Code, § 4700 et seq.)

The discovery order that is the subject of this appeal was made…

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