Marriage of PascoAnnotate this Case
The parties were married for just over 20 years. A stipulated judgment dissolving their marriage was filed in December 2014, and included the parties’ agreement for spousal support. Richard Pasco appealed a postjudgment order denying his request for an order terminating spousal support. He claimed the trial court abused its discretion by denying his request on the first day of trial “without ever actually taking evidence.” Respondent Zoe Pasco argued the trial court acted within its discretion “in refusing to hear” oral evidence. The Court of Appeal surmised issue here was not whether the trial court had discretion to refuse to hear oral evidence; the issue was that the trial court denied Richard’s request without taking any evidence. "This was an abuse of the court’s discretion." Accordingly, the Court reversed the court’s September 11, 2017 order and remanded with directions to proceed with a previously scheduled, two- day trial unless intervening circumstances or settlement obviated the need for this trial.