Stupp v. Schilders
Stupp v. Schilders
Opinion of the Court
Opinion
—Appellant Annemarie Schilders appeals several orders made by the family court about a year after the entry of a stipulated judgment of dissolution of her marriage to respondent Steven Stupp. Schilders challenges orders giving Stupp temporary sole legal custody of the parties’ child, requiring that only the parents transport the child to his therapy appointments, continuing a custody trial, requiring Schilders to undergo a vocational
FACTUAL AND PROCEDURAL BACKGROUND
In September 2010, Stupp filed a petition for the dissolution of his marriage to Schilders. Ever since, the parties have been involved in contentious legal proceedings.
DISCUSSION
A., B.
C. The Family Court Erred in Ordering a Vocational Evaluation
1. Additional Factual and Procedural Background
In a written request for orders, Stupp asked the family court to order Schilders to undergo an immediate vocational evaluation pursuant to Family Code section 4331. Stupp argued that the vocational evaluation was appropriate because Schilders had appealed the support orders incorporated in the stipulated judgment, including provisions imputing income to her.
At the hearing, Schilders’s counsel argued that the family court had no power to order a vocational assessment because there was no motion pending regarding spousal support or child support.
2. Analysis
Schilders contends that the family court erred by ordering a vocational evaluation ‘“without a pending support motion, without substantial evidence, and for an improper purpose.” Stupp does not argue that a support motion was pending, but instead argues that a pending support motion is not required and that substantial evidence supports a finding that good cause justified the order.
Family Code section 4331, subdivision (a),
Because section 4331 authorizes the family court to order a vocational examination for good cause, we review the order here for abuse of discretion, just as we review a ruling on a motion to compel discovery for abuse of discretion. (Pomona Valley Hospital Medical Center v. Superior Court (2012) 209 Cal.App.4th 687, 692 [147 Cal.Rptr.3d 376] [‘“the trial court is vested with wide statutory discretion to manage discovery”].) It is an abuse of discretion when the trial court applies the wrong legal standard. (Costco Wholesale Corp. v. Superior Court (2009) 47 Cal.4th 725, 733 [101 Cal.Rptr.3d 758, 219 P.3d 736].) Here, the appropriate standard, and therefore the propriety of the discovery order, turn on statutory interpretation, so we determine the issue de novo as a question of law. (Britts v. Superior Court (2006) 145 Cal.App.4th 1112, 1123 [52 Cal.Rptr.3d 185].)
‘“In interpreting a statute, we begin with its text, as statutory language typically is the best and most reliable indicator of the Legislature’s intended purpose. [Citations.] We consider the ordinary meaning of the language in question as well as the text of related provisions, terms used in other parts of the statute, and the structure of the statutory scheme.” (Larkin v. Workers’ Comp. Appeals Bel (2015) 62 Cal.4th 152, 157 [194 Cal.Rptr.3d 80, 358 P.3d 552].)
The court’s role in construing a statute ‘“is simply to ascertain and declare what is in terms or in substance contained therein, not to insert what has been omitted, or to omit what has been inserted; and where there are several provisions or particulars, such a construction is, if possible, to be adopted as will give effect to all.” (Code Civ. Proc., § 1858.) “ ‘ “ ‘Words must be construed in context, and statutes must be harmonized, both internally and with each other, to the extent possible.’ [Citation.] Interpretations that lead to absurd results or render words surplusage are to be avoided. [Citation.]” [Citation.]’ (People v. Loeun (1997) 17 Cal.4th 1, 9 [69 Cal.Rptr.2d 776, 947 P.2d 1313].)” (Tuolumne Jobs & Small Business Alliance v. Superior Court (2014) 59 Cal.4th 1029, 1037 [175 Cal.Rptr.3d 601, 330 P.3d 912].)
The Family Code does not define what ‘“good cause” means for section 4331. But the text of section 4331 tells us that the ‘“focus” of the exantination is ‘“an assessment of the party’s ability to obtain employment that would allow the party to maintain herself or himself at the marital standard of living.” (§ 4331, subd. (a).) And section 4331 is in a chapter of the Family
Here, there was no pending motion for support and no good cause to order a vocational examination. Stupp requested the order because Schilders “has appealed the support orders, including the imputation [to her] of income.” Stupp argued that after an exantination, “the expert will report back to the court with an opinion as to what if any is her ability to earn in the outside world and where the opportunity exists for her to earn that.” This kind of report may be important when there is a controversy before the family court as to support, but there was no such controversy at the time the order was made. The mere fact that support orders have been appealed does not justify ordering a vocational examination. After all, the support orders may be affirmed on appeal, as they were in this case. (Stupp v. Schilders, supra, A142302.)
Our interpretation of “good cause” in section 4331 and our conclusion that there was not good cause here are consistent with the general provisions in the Family Code for postjudgment discovery in connection with support. Division 9 of the Family Code, which includes section 4331 in part 3, also includes a group of statutes that permit limited postjudgment discovery before commencing a proceeding to modify or terminate an order for child, family or spousal support. (§§ 3660-3668.) These sections, codified as “Article 2” are instructive.
The purpose of Article 2 “is to permit inexpensive discovery of facts before the commencement of a proceeding for modification or termination of an order for child, family, or spousal support.” (§ 3660, italics added.) Section 3662 limits the types of discovery that may be used: “Methods of discovery other than that described in this article may only be used if a motion for modification or termination of the support order is pending.” (§ 3662, italics added.) Section 3663 further limits the use of discovery: “In the absence of a
To summarize, where there was no support-related motion pending there was no good cause to order a postjudgment vocational examination under section 4331. The family court’s order was therefore an abuse of discretion, and we will reverse it. Because we reverse the order for a vocational evaluation, we need not reach the question whether the family court erred in reserving allocation of the cost of the evaluation.
DISPOSITION
Schilders’s request for judicial notice is granted. The appeal is dismissed as to the February 6, 2015 orders, and as to the April 3, 2015 order continuing the trial date. The family court’s April 3, 2015 order that Schilders undergo a vocational evaluation is reversed. The parties shall bear their own costs on appeal.
See Stupp v. Schilders (Mar. 25, 2016, A142302) (nonpub. opn.); Stupp v. Schilders (Mar. 25, 2016, A143186) (nonpub. opn.); Stupp v. Schilders (Oct. 25, 2016, A146733, A147151) (nonpub. opn.), Stupp v. Schilders (Jan. 24, 2017, A148811) (nonpub. opn.).
After Schilders filed her opening brief in this appeal she filed an unopposed request for judicial notice, which we took under submission for determination with the merits and now grant.
See footnote, ante, page 907.
The support terms in the stipulated judgment were subsequently upheld on appeal. (Stupp v. Schilders, supra, A142302.)
At the healing, Stupp’s counsel argued that a vocational evaluation was relevant to contested issues of custody, as well as to support. Stupp does not pursue this point on appeal and we do not address it here.
Further undesignated statutory references are to the Family Code.
The parties have not identified any reported cases interpreting section 4331, and we have found none.
Section 4331 is codified in division 9 of the Family Code (“Support”), in part 3 (“Spousal Support”), chapter 3 (“Spousal Support Upon Dissolution or Legal Separation”).
In Boblitt. the Court of Appeal considered whether a postjudgment motion for modification or termination of a support order automatically reopens all methods of discovery available under the Civil Discovery Act. (Boblitt. supra. 223 Cal.App.4th at p. 1023.) Boblitt answered the question in the negative: “We do not understand [Article 2] to imply that once a postjudgment motion for modification or termination of a support order is pending, discovery in the action automatically reopens .... Rather, we understand the provision to mean simply that when there is no motion pending, the only discovery that may be conducted is a request for an income and expense declaration and, in some instances, a request for pay and benefit information from the other party’s employer. In other words, if after judgment a party simply wants to explore the possibility of moving to modify support, the only discovery that is available is that provided for in [Article 2].” (Id. at pp. 1023-1024.)
Case-law data current through December 31, 2025. Source: CourtListener bulk data.