Marriage of Fuller

Filed 1/12/07  Marriage of Fuller CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

            APPEAL from a judgment of the Superior Court of Tuolumne County.  James  A. Boscoe, Commissioner.

            Raymond George Fuller, in pro. per., for Appellant.

            Sandra Jean Broussard, in pro. per., for Respondent.

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            Respondent Sandra Jean Broussard (Sandra)^[1] sought a writ of execution in the amount of $55,453.02 to enforce the balance remaining on a $30,000 equalization payment contained in a 1991 judgment of dissolution of marriage.  Appellant Raymond George Fuller (Raymond) filed a motion to prevent the renewal of the 1991 judgment and the enforcement of the equalization payment.  The superior court denied Raymond's motion and he filed this appeal.

            We conclude that the 10-year limitation period in Code of Civil Procedure section 683.020 does not bar Sandra's efforts to collect the equalization payment.  Furthermore, substantial evidence supports the superior court's implied findings that Sandra was reasonably diligent in her efforts to collect the equalization payment.  Accordingly, the order of the superior court is affirmed.

FACTS AND PROCEEDINGS

            The proceeding to dissolve the parties' marriage began on June 18, 1987.  The divorce was difficult but eventually the parties entered a stipulation that resolved issues concerning (1) custody, visitation rights and support payments relating to their daughter, (2) spousal support, (3) the division of personal property, (4) the division of the assets and liabilities of a business known as R. G. Fuller Custom Grading, (5) rights to a residence, and (6) an equalization payment to Sandra.  Pursuant to the stipulation, a dissolution judgment was entered on February  8, 1991.

            The disputes relevant to this appeal concern the equalization payment ordered.  The paragraph of the 1991 dissolution judgment that created the equalization payment stated:

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