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She appealed that factual finding of the trial court, inciting the ire of the Court of Appeal, which held: (1) “a family law court, in the exercise of its broad equitable discretion, and upon a finding of ‘unclean hands,’ may decline to enforce a child support arrearage judgment” and (2) “where, as here, the family court makes a fair and equitable ruling on contested issues of fact, its express or implied factual determinations, are binding on appeal. The mother denied she concealed the children, but the trial court did not believe her version of the facts. Another 15 years passed before the mother attempted to enforce the child support order, the arrears of which totaled more than $90,000. Fifteen years later, when the elder child was already an adult, the mother contacted the father and left the younger child in his custody. The father paid child support for two months and then the mother moved with the children to another state without letting the father know their whereabouts. The mother was awarded physical custody and child support. This is how the case played out: The parents of two young children divorced in 1985.
Ruling on what it deemed a frivolous appeal, the Court of Appeal upheld the trial court’s ruling that where a custodial parent actively conceals children from a non-custodial parent, equity bars enforcement of a child support arrearage judgment against the non-custodial parent. In re Marriage of Boswell, 225 Cal.App.4th 1172 (2014)
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The Court of Appeal found that although the defendant had not been notified annually of the rent increases on her unit, as would ordinarily be required under the ordinance, the provision for terminated resident managers that permitted original rent plus lawful accumulated increases and not specifically requiring annual notices made the increase valid. The parties stipulated to judgment for the defendant at the trial court in order to facilitate appeal. The new owners sued, arguing that the ordinance permitted landlords to charge the original rent plus annual adjustments authorized by the ordinance. When new owners terminated her employment in 2011, they began charging the current rate for her unit – more than $700 more than she paid in 1993 – which she refused to pay. During those years the annual rent increases at the complex, which were implemented in accordance with the city’s rent control ordinance, had nearly doubled the rent for her unit. She had not paid any rent during the nearly eighteen years she managed the complex. Drumea learned abruptly when her employment as resident manager at her apartment complex ended in 2011. Rents were much lower twenty years ago, as the defendant in 1300 N.
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