Legal Opinion
Swain v. Swain (In re Swain)
California Court of Appeal, 5th District
Decided March 26, 2018No. B284468PublishedCited by 11 opinions
1Opinion of the CourtLui, P.J.
*832Appellant Leon E. Swain (Leon) appeals from a postjudgment order denying his motion to terminate spousal support for his former wife, Sandra Swain (Sandra).1 Sandra did not file any opposition and did not appear at the hearing on Leon's motion. She filed an income and expense declaration prior to the hearing, but did not serve it on Leon. Leon argued at the hearing that the trial court should not consider Sandra's declaration because he had no opportunity to cross-examine her about it. The trial court initially agreed, but after the hearing relied on Sandra's declaration in making its ruling.
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2Cases cited10 opinions
- Day v. City of FontanaCalifornia Supreme Court · 2001
- Elkins v. Superior CourtCalifornia Supreme Court · 2007
- Children's Hospital Central California v. Blue Cross of CaliforniaCalifornia Court of Appeal · 2014
- Reifler v. Superior CourtCalifornia Court of Appeal · 1974
- Kennedy v. EldridgeCalifornia Court of Appeal · 2011
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Binette v. Binette (In re Binette), California Court of Appeal, 5th District2018
- Kushesh v. Kushesh-Kaviani (In re Kushesh), California Court of Appeal, 5th District2018
- George v. Deamon (In re George), California Court of Appeal, 5th District2019
- Gamboa v. Northeast Community ClinicCalifornia Court of Appeal · 2021
- In re Marriage of George & DeamonCalifornia Court of Appeal · 2019
6 more not listed; retrieve them via the Exa API.