In re Marriage of Cheriton (2001)

In re the Marriage of DAVID R. and IRIS M. FRASER CHERITON. DAVID R. CHERITON, Respondent, v. IRIS M. FRASER, Appellant.

(Superior Court of Santa Clara County, No. FL043591.)

[Modification of opinion (92 Cal.App.4th 269) on denial of petition for rehearing with no change in judgment.]

THE COURT.

It is ordered that the opinion filed herein on September 14, 2001, be modified as follows:

1.) On page 54 in the fourth full paragraph [92 Cal. App. 4th 314, advance report, 4th par., lines 3-6] replace the last sentence that begins: "The court shall determine the children's needs . . ." with the following: "The court shall determine the children's needs without regard to the parties' agreement capping housing costs. Likewise, the court shall determine the children's needs without taking into account any contribution from the trust absent sufficient evidence that the trust is actually satisfying some of those needs."

2.) On the signature page [92 Cal. App. 4th 320, advance report, last par.] Justice Premo was designated as Acting P.J., however, Justice Bamattre-Manoukian should have been designated Acting P.J.

The petitions for rehearing filed by respondent and appellant are denied.

There is no change in the judgment.

Wunderlich, J., Bamattre-Manoukian, Acting P.J., Premo, J. Manoukian, Acting P.J., Premo, J.