Greenberg

Greenberg v. Daunch CA3

Good Law
Court of Appeal of CaliforniaNovember 8, 2022C090051California2,709 words

Opinion

Opinion

Earl, J.

FACTS AND PROCEDURAL HISTORY

In January 2019, Sierra Nevada Regional Department of Child Support Services (DCSS) filed in the trial court a motion, on Daunch’s behalf, to modify a prior order that required Daunch to pay $430 monthly to Shawn Greenberg in support for their minor child. DCSS explained that Daunch “request[ed] modification due to changes in employment and ability to work for health reasons.” In an income and expense declaration filed in January 2019 under penalty of perjury, Daunch represented: (a) he had been unemployed “since [his] accident” a year earlier, (b) “public assistance,” in the amount of $175 per month, was the only source of his monthly income in the last year, and (c) he had been using credit cards and loans to pay his expenses. A hearing began on March 14, 2019. The trial court and the parties addressed some procedural matters at the beginning of the hearing. “First off,” the trial court said, “Mr. Daunch, you had filed a Request for Order . . . to compel Ms. Greenberg’s deposition and Request for Production of Documents. . . . Did it resolve?” “It’s not resolved,” Daunch replied, “but . . . the documents . . . I have in essence support some of my…

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