Marriage of Hunnewell and Ganz

Filed 4/17/06 Marriage of Hunnewell and Ganz CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County, Richard E. Denner, Judge. Reversed in part; affirmed in part.

Trope and Trope, Thomas Paine Dunlap and Steven Knowles for Appellant.

Stephen A. Kolodny, Janis M. McDonald and James L. Keane for Respondent.

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INTRODUCTION

Plaintiff Holly Hunnewell (Hunnewell) appeals from the further judgment on reserved issues entered on May 10, 2004 after bifurcated trials pertaining to matters of (1) child custody, (2) support, assets and debts and (3) attorney's fees and litigation costs. On appeal, plaintiff challenges only that portion of the judgment pertaining to spousal support.

The judgment orders respondent J. Taylor Ganz (Ganz) to pay Hunnewell spousal support in the amount of $9,500 per month until either party dies, Hunnewell remarries, further order of the court or until November 15, 2006, whichever occurs first. The judgment further shifts the burden of going forward on spousal support issues to Hunnewell.

Hunnewell contends the court abused its discretion in ordering an effective step-down of spousal support from $9,500 to zero on November 15, 2006 and in shifting the burden to her to seek a modification of the spousal order prior to that date. We agree and reverse the judgment in part.

FACTUAL AND PROCEDURAL BACKGROUND

Hunnewell and Ganz were married on May 20, 1978. They have four children, three of whom are now adults. On September 30, 1999, after more than 21 years of marriage, the parties separated. A judgment dissolving their marriage but reserving jurisdiction over all other issues was entered on August 1, 2001. The trial dedicated to support, asset and debt issues took place in October and November 2003. The evidence adduced at that trial disclosed the following:

Ganz holds a Master's degree in Business Administration from Stanford University. He has been employed by his family's multiple businesses, collectively referred to as McMahan's Furniture, since 1989, and he is vice-president of all of his family's corporations. Ganz owns, as his separate property, between 11.5 and 11.75 percent of the McMahan entities plus 5 percent of another family business, known as Consumer Security Agency. The total value of the McMahan's and Consumer Security Agency entities equals between $25 and $30 million.

Hunnewell has no income and no substantial assets. She last was employed at a clothing store, The Gap, in the summer of 1976, following her graduation from high school. Hunnewell possesses a Bachelor's degree in English from Stanford University but does not possess a teaching credential. During her marriage to Ganz, Hunnewell devoted her time to homemaking and raising the couple's children. Hunnewell is the primary custodial parent of the parties' youngest child, Mackenzie, who is still a minor.[1]

Hunnewell is besieged with numerous persistent and debilitating medical conditions. Specifically, she suffers from a degenerative spinal condition that has required five back surgeries.[2] Future surgery is anticipated. The condition produces intense pain in her hips and left leg almost on a daily basis. Sometimes, her left leg goes out from under her. She cannot sit for more than one hour at a time, and she cannot stand for long periods of time. She uses four or five special pillows just to sleep, and frequently pain interrupts her sleep.

Hunnewell also suffers from fibromyalgia, an incurable condition that produces â€