Moore

County of Alameda v. Moore

Caution
1995 Cal. App. LEXIS 331·33 Cal. App. 4th 1422·40 Cal. Rptr. 2d 18·95 Cal. Daily Op. Serv. 2552
Court of Appeal of CaliforniaApril 6, 1995A065901California2,078 words

Opinion

Opinion

King, J.

In this case we hold that approval of informality in conducting hearings and trials in district attorney support and marital dissolution cases does not include resolution of disputed factual issues based upon mere statements of counsel or parties. Informality in the conduct of such hearings and trials is encouraged to expedite the proceedings while minimizing personal conflict between the parties; however, decisions on disputed factual issues in such cases must be based upon evidence presented in declarations under penalty of perjury, by offers of proof or through oral testimony.

Richard M. Moore appeals from a judgment awarding child support to his former spouse and reimbursement of welfare arrears to the County of Alameda (County). He contends there was insufficient evidence to support the judgment.

In December 1990, Richard and Donna Moore obtained a judgment of dissolution, and were awarded joint legal custody of their two sons. Richard was awarded physical custody, except for Tuesdays and Thursdays from 4 p.m. until the next morning, and Saturdays from 4 p.m. until, on alternating Sundays, 11 a.m. and 6 p.m. It was further ordered that, “Each party shall be…

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