Marriage of Boston CA6

DISCUSSION

On appeal, Bruce argues that the trial court erred in granting Masumi exclusive use, possession, and control of the family home.3 Preliminarily, we note that Masumi has not filed a respondent’s brief. Therefore, we “ ‘decide the appeal on the record, the opening brief, and any oral argument made by the appellant’ (Cal. Rules of Court, rule 8.220(a)(2) . . .), examining the record and reversing only if prejudicial error is shown.” (Nakamura v. Parker (2007) 156 Cal.App.4th 327, 334.) From the limited record before us, it appears the court awarded Masumi, pending entry of a judgment of dissolution dividing the community property, exclusive use, possession, and control of the family home effective May 1, 2013.4 While not specified in the order, a trial court is given the discretion to make this type of pendente lite order under Family Code sections 6340 and 6324. Family Code section 6340, subdivision (a) states in pertinent part: “(a) The court may issue any of the orders described in Article 1 (commencing with Section 6320) after notice and a hearing. When determining whether to make any orders under this subdivision, the court shall consider whether failure to make any…