In re Marriage of Cheriton

Full title: DAVID R. CHERITON, Respondent, v. IRIS M. FRASER, Appellant.

Court: California Court of Appeals, Sixth District

Date published: Oct 12, 2001

No. H019424 (Cal. Ct. App. Oct. 12, 2001)

Opinion

Page 1016h

92 Cal.App.4th 1016h In re the Marriage of DAVID R. and IRIS M. FRASER CHERITON. DAVID R. CHERITON, Respondent, v. IRIS M. FRASER, Appellant. H019424. California Court of Appeal, Sixth District October 12, 2001

WUNDERLICH, J.

It is ordered that the opinion filed herein on September 14, 2001 (92 Cal.App.4th 269, 111 Cal.Rptr.2d 755), be modified as follows:

1. On page 54 in the fourth full paragraph [92 Cal.App.4th 319, 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.

Bamattre-Manoukian, Acting P. J., and Premo, J., concurred.