Spector

Spector v. Spector (In re Spector)

Good Law
233 Cal. Rptr. 3d 855·24 Cal. App. 5th 201
Court of Appeal of CaliforniaMay 16, 2018C084628California7,364 words

Opinion

lead Opinion

Robie, J.

*204 Petitioner Phillip Spector (husband) filed for dissolution of his marriage to respondent Rachelle Spector (wife). The primary issue on appeal is whether the trial court's inherent authority to reconsider its own orders as explained in Le Francois v. Goel (2005) 35 Cal.4th 1094 , 29 Cal.Rptr.3d 249 , 112 P.3d 636 permitted the court to sua sponte modify the terms of the temporary spousal support order retroactively under the circumstances presented. Wife argues the trial court was precluded from doing so pursuant to Family Code 1 sections 3603, 3651, subdivision (c), and 3653, subdivision (a), and the various cases interpreting those statutes. We conclude the *857 court had inherent authority to reconsider its prior order and to apply its modified decision retroactively. Finding no merit in wife's argument that the court violated her due process rights when it exercised this authority, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

The facts are generally undisputed. 2 On September 9, 2016, wife filed a request for a temporary order for spousal support and professional fees. The parties filed their respective briefs with supporting declarations and evidence in advance of the…

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