Marriage of Prince CA4/1

Good Law
Court of Appeal of CaliforniaMarch 29, 2024D080301California11,929 words

Opinion

Opinion

Kelety, J.

DISCUSSION

As an initial matter, because neither Wife nor Husband requested a statement of decision, they both agree that the doctrine of implied findings apply. “ ‘A judgment or order of the lower court is presumed correct. All intendments and presumptions are indulged to support it on matters as to which the record is silent.’ ” (Rossiter v. Benoit (1979) 88 Cal.App.3d 706, 712, italics omitted.) It is a “ ‘cardinal principle of appellate review’ ” that a “ ‘ “ ‘judgment or order of the lower court is presumed correct[, and a]ll

3 intendments and presumptions are indulged to support it on matters as to which the record is silent, and error must be affirmatively shown.’ ” ’ ” (In re Julian R. (2009) 47 Cal.4th 487, 498-499.) A. Tracing of Husband’s Separate Property in IRA Accounts. Husband commingled various separate property retirement funds with community property funds in a Charles Schwab IRA and a Morgan Stanley IRA. Husband’s expert, Cindy Jones, testified that she was able to trace Husband’s separate property contributions within each account. Wife argues there is no substantial evidence to support the tracing because Jones’s expert opinion relied on hearsay documents…

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