Oliverez v. Oliverez (In re Oliverez)

Following remand, on December 30, 2016, based on the evidence received at trial, and after receiving further written briefing from the parties, the trial court issued a "Statement of Decision and Final Judgment After Remand" (Judgment), in which it ruled on the issues presented at trial. Rejecting Husband's request that the court value certain community assets as of the 2012/2013 trial date and assign the pertinent real properties to him, the court instead ordered that the properties be appraised and sold once the Judgment became final. It characterized one of the properties, called La Madrona by the parties, as partially Husband's separate property, despite the parties' prior stipulation that the property was a community asset subject to Husband's right to reimbursement of separate property funds used to purchase the property. The court found that Husband used presumptively community funds to make a $ 600,000 equalization payment to Wife pursuant to the terms of the Agreement, thus requiring Wife to reimburse Husband only half of that amount, rather than the full $ 600,000. Determining neither party to be

properties and reimbursements related to them, as well as the characterization of a payment Husband made to Wife pursuant to the Agreement.

During the marriage, 131 Silverwood Drive, Scotts Valley (Silverwood) was the family residence. Following the commencement of the dissolution

real properties awarded to him as his, paying any shortfall in the property expenses on them with funds borrowed and/or gifted from his family."

Husband sought to enter judgment based on the Agreement, pursuant to Code of Civil Procedure section 664.6. In December 2010, the trial court denied Husband's motion, ruling, "that there was never a 'meeting of the minds' in regards to the purported marital settlement agreement such that it is thus unenforceable."

The case proceeded to trial beginning in August 2012; it lasted 15 trial days over a period of more than nine months. A different judicial officer presided over the trial than heard the motion to enforce the judgment. At the end of the trial in October 2013, the court issued a tentative ruling stating its intent to reconsider the prior order denying the motion to enforce the Agreement. ( Oliverez, supra , 238 Cal.App.4th at p. 1246, 190 Cal.Rptr.3d 436 .) The court formally noticed a motion for reconsideration, affording the parties the opportunity to brief the issue. In March 2014, the court issued a statement of decision and final judgment in which it abrogated and vacated the December 2010 ruling on the Agreement. The court then entered a judgment of dissolution, incorporating the Agreement into the judgment.

Wife timely appealed the March 2014 judgment. In a published opinion, we determined there are limited circumstances in which one judge can reconsider the ruling of another judge, none of which were present in the instant case, finding, "[m]ere disagreement, as here, with the prior trial judge's ruling, however, is not enough to overturn that ruling. [Citation.]" ( Oliverez , supra , 238 Cal.App.4th at p. 1249, 190 Cal.Rptr.3d 436 .) We reversed the March 2014 judgment and remanded the matter to the trial court. ( Id . at p. 1250, 190 Cal.Rptr.3d 436 .)

for the $ 600,000 payment he made to Wife pursuant to the Agreement.

2. Proposed Statement of Decision

The trial court issued a proposed statement of decision and final judgment on October 3, 2016, confirming the Silverwood and University properties as community property. The court stated, "the parties appear to agree that some portion of the [La Madrona property] is [Husband's] separate property"; the court found the remainder to be community property, without making any findings as to what percentage was separate versus community. The court determined all three properties should be appraised and sold, with the net proceeds to be split evenly between the parties, except for La Madrona, the proceeds from which would be divided based on the relative separate and community interests. The court did not address Husband's request for reimbursement of his separate property contribution to La Madrona in the proposed statement of decision. The court determined Husband's payment to Wife of $ 600,000 pursuant to the Agreement was "made from what were presumptively community property assets," and ordered Wife to reimburse Husband $ 300,000 upon the sale of the Green Tree property, which the court determined to be partly Wife's separate property.

legal basis for denying Fam. Code § 2640 (b) reimbursement." If the court did not award Husband his requested reimbursements, under either Family Code section 2640 or Epstein , Husband objected to the court's "failure to consider the value of the properties at the time of trial," arguing dividing the properties based on their current market value would result in an "unjust financial windfall" to Wife without such reimbursements. Husband did not address the court's finding that La Madrona was partially his separate property in the written objections.

Husband also objected to the court denying his requests for Epstein credits, arguing he provided uncontroverted testimony and evidence at the trial showing he maintained the real property assets for an eight-year period

then added a provision allowing reimbursement to Husband for his separate property contribution to the purchase price, noting, "since he owns some number of the 20 acres as his

the trial court to consider in determining whether the equities of the case required revaluation of the property. ( Id . at pp. 79-80, 177 Cal.Rptr. 183 .)

Subsequently, some appellate courts have interpreted Hayden to require a demonstration that the parties acted unfairly in order to value the properties on remand versus at the date of trial. (See Priddis , supra , 132 Cal.App.3d at p. 358, fn. 2, 183 Cal.Rptr. 37 ["In Hayden , the court suggested that on the facts of that case , the conduct of the parties may have made it unfair to value certain property as of the date of trial. ( [ Hayden , supra , 124 Cal.App.3d] at pp. 79-80, 177 Cal.Rptr. 183 .)"]; In re Marriage of Anderson (1984) 154 Cal.App.3d 572 , 581, fn. 6, 201 Cal.Rptr. 498 , disapproved of on other grounds by In re Marriage of Buol (1985) 39 Cal.3d 751 , 218 Cal.Rptr. 31 , 705 P.2d 354 and In re Marriage of Fabian (1986) 41 Cal.3d 440 , 224 Cal.Rptr. 333 , 715 P.2d 253 ["In In re Marriage of Hayden (1981) 124 Cal.App.3d 72 , 79-80 [ 177 Cal.Rptr. 183 ], a reassessment of the disputed property was ordered upon remand after appeal in order to prevent an inequity caused by the unfair conduct of the parties."].) We do not read Hayden so narrowly-there is nothing in the language of Hayden that limits the trial court's equitable powers to set the appropriate date of property valuation at remand only where one party acts to the detriment of the other between the date of the underlying trial and the eventual remand of the case. We conclude Hayden affirms the trial court's discretion to set a property valuation date after appeal according to principles of equity based on the facts of the case.

court denied the request for reopening of discovery and additional evidentiary hearings and determined that it was appropriate to render a new Decision and Judgment based on the evidence presented at the trial." The Judgment does not detail the legal or factual arguments Wife made at the April 2016 hearing, or indicate whether the court took evidence then, leaving us unable to discern the full extent of the proceedings in the absence of the minute order and/or reporter's transcript from that hearing. It is clear, however, that the trial court considered matters at that hearing relevant to its decision that the properties be valued at the date of remand because it denied Wife's request to reopen discovery on that issue.

As the trial court conducted post remand hearings in January and April 2016, there is additional information Husband could have provided to us, but did not, despite having the burden to do so. "[A] judgment or order of the

in equity. Wife explicitly requested in her June 2016 proposed statement of decision that the date of valuation of the properties should be the date of remand as opposed to the date of the first trial, arguing that "[i]n light of the 'law of the case' finding [the Agreement] unenforceable, the parties' reasonable reliance on Judge Morse's ruling of unenforceability as the parties conducted their litigation that consumed four more years through trial, the Court's determination not to reopen discovery or conduct another trial of this

consider procedural defects or erroneous rulings where an objection could have been, but was not raised below. [Citation.] The policy behind the rule is fairness. 'Appellate courts are loath to reverse a judgment on grounds that the opposing party did not have an opportunity to argue and the trial court did not have an opportunity to consider.' [Citations.]" ( In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814 , 826, 79 Cal.Rptr.3d 588 ( Falcone & Fyke ).)

Husband also argues the court's order results in an unjust windfall to Wife, as it orders the properties sold at their current values, without consideration of the fact Husband claims to have paid the expenses on the properties since separation. As we have already mentioned and will discuss further below, the trial court determined the testimony and evidence Husband presented regarding his claims for reimbursements and credits related to these alleged payments was not credible. (See section II(D), post .) As we will find the trial court did not err in that regard, we do not consider the court's alleged failure to constitute an abuse of discretion vis-à-vis its orders disposing of the properties. Based on the above, we uphold the trial court's orders requiring the appraisal and sale of Silverwood, University, and La Madrona.

B. The Trial Court Erred in Characterizing the La Madrona Property

In ruling the La Madrona property was partially Husband's separate property, the trial court stated, "the parties appear to agree that some portion of a 20 acre parcel of land on La Madrona Road, Santa Cruz CA is [Husband's] separate property." The court then ordered the property appraised and sold, denying in part Husband's request for reimbursement of his separate property contribution to the purchase of La Madrona based on its finding that some portion of the 20 acres was Husband's separate property. Instead of a full reimbursement, the court found Husband was "only entitled to be reimbursed for the proportion of that contribution attributable to the purchase of the community property portion of the parcel." On appeal, Husband argues the parties stipulated the La Madrona property was 100 percent community property. Therefore, he contends the trial court abused its discretion in ruling otherwise.

discretion to consider it when the theory raised for the first time on appeal is a pure question of law applied to undisputed facts. [Citations.]" ( San Mateo Union High School Dist. v. County of San Mateo (2013) 213 Cal.App.4th 418 , 436, 152 Cal.Rptr.3d 530 ( San Mateo ).) The characterization of property is a question of law, which we review de novo on appeal, applying the substantial evidence standard to the court's factual findings. ( Foley , supra , 189 Cal.App.4th at p. 526, 117 Cal.Rptr.3d 162 ; In re Marriage of Davis (2004) 120 Cal.App.4th 1007 , 1015, 16 Cal.Rptr.3d 220 .) As the facts concerning the issue of characterization of the La Madrona property are undisputed, we have discretion to consider the issue despite Husband's failure to raise the argument in the trial court. ( San Mateo , supra , at p. 436, 152 Cal.Rptr.3d 530 .) Under the circumstances, we elect to exercise that discretion.

The parties clearly stipulated on the record at the 2012/2013 trial to characterize La Madrona as community property, subject to Husband's right to reimbursement of his separate property contribution. In the proposed statement of decision Wife submitted in June 2016, Wife confirmed the parties' stipulation during the trial and referred to the property as community property that should be divided equally. In his July 2016 supplement to his proposed statement of decision and closing argument, Husband asked the trial court to treat La Madrona as his sole and separate property, because he purchased the property "with equity from a sole and separate property." Husband also filed a proposed statement of decision in July 2013, in which he asked the court to award him the property because it did not have sufficient value to reimburse him his separate property contribution. However, at no point did Husband argue the property was partially his separate property and it is not clear how the trial court determined the parties agreed some portion

D. The Court Did Not Err in Denying Epstein Credits

Husband argues the trial court abused its discretion in denying his request for Epstein credits related to the parties' various real properties, contending he presented uncontroverted evidence supporting his claim. " 'Where, as here, the trial court is vested with discretionary powers, we review its ruling for an abuse of discretion. [Citation.] As long as the court exercised its discretion

] testimony notwithstanding, the money received from his family was either in the nature of a series of gifts, for which no repayment has been or will be made, or was received as a series of no interest loans. There is no evidence that [Husband] has ever paid any amounts to repay or service those loans." In response to Husband's objection to the court's credibility finding, the court correctly stated the law on this issue. "[T]he trier of fact may disregard all of the testimony of a party, whether contradicted or uncontradicted, if it determines that he testified falsely as to some matters covered by his testimony ( Nelson v. Black [ (1954) ], 43 Cal.2d 612 , 275 P.2d 473 )." ( Halagan v. Ohanesian (1967) 257 Cal.App.2d 14 , 21, 64 Cal.Rptr. 792 ; accord Christ v. Schwartz (2016) 2 Cal.App.5th 440 , 455, 205 Cal.Rptr.3d 858 .) Given that the trial court found Husband not credible on the subject of the alleged notes from his family, it was entitled to reject Husband's testimony regarding other subjects.

Whether we might have reached a different conclusion is not material, as we are not permitted to reweigh the evidence. It is the family court in the first instance which "sits as trier of fact and ... is called upon to determine that a witness is to be believed or not believed. This is the nature of fact finding." ( Greenberg , supra , 194 Cal.App.4th at p. 1099, 125 Cal.Rptr.3d 238 .) We must view such determinations in favor of the order. ( In re Marriage of Slivka (1986) 183 Cal.App.3d 159 , 162-163, 228 Cal.Rptr. 76 .) As the trial court gave a rational explanation for its view of Husband's credibility and for the conclusions it drew from the facts presented, we have no basis for finding an abuse of discretion in denying Husband's request for Epstein credits under these circumstances.

We reverse the Judgment and remand the matter to the trial court to vacate the finding that the La Madrona property is partially Husband's separate property. The court shall enter a new order designating the La Madrona property as wholly community property and shall calculate the reimbursement owed to Husband for his separate property contribution to the purchase of that property based on that characterization.

WE CONCUR:

Grover, J.

Danner, J.

Respondent Donna Oliverez (Wife) petitioned to dissolve her marriage to Appellant Mark Oliverez (Husband) in January 2007. After the trial court declined to enforce a purported marital settlement agreement signed by the parties in 2008 (the Agreement), it held a 15-day trial in 2012 and 2013, the result of which was an order reconsidering the previous ruling and entering judgment incorporating the Agreement. In a published opinion following Wife's appeal, we reversed the trial court's judgment and remanded the matter to the trial court, finding that it erred in vacating the prior ruling on the Agreement. ( In re Marriage of Oliverez (2015) 238 Cal.App.4th 1242 , 1249, 190 Cal.Rptr.3d 436 ( Oliverez ).)

Family court is a court of equity. ( In re Marriage of Schu (2014) 231 Cal.App.4th 394 , 401, 179 Cal.Rptr.3d 886 .) While the language of section 2552 is clear, the trial court can find "equity require[s] a valuation as near as practicable to the court proceeding in which the property is actually divided ," such that section 2552, "must be interpreted as requiring community property to be divided at its value as near as practicable to the court proceeding in which a proper division takes place. While normally it will be at trial, it may also be on remand after appeal." ( In re Marriage of Hayden (1981) 124 Cal.App.3d 72 , 79, 177 Cal.Rptr. 183 ( Hayden ) [interpreting former Civil Code section 4800, a near identical predecessor to section 2552 ].) The court's decision rests on its evaluation of the facts in the specific case before it. ( In re Marriage of Priddis (1982) 132 Cal.App.3d 349 , 358, fn. 2, 183 Cal.Rptr. 37 ( Priddis ) [" Hayden does not stand for the broad proposition that after every appeal a reappraisal of community property must take place"].) The Court of Appeal in Hayden held that the property could be valued at the time of remand, rather than the date of trial. ( Hayden, supra, at pp. 77-80, 177 Cal.Rptr. 183 .) However, the court also found that the record before it was insufficient to make any determination whether the equities required reevaluating the property, and thus remanded the matter to the trial court for a yet another hearing, setting forth factors related to the parties' conduct between the time of trial and the date of remand for

2. The Record Does Not Demonstrate the Trial Court Abused its Discretion in Valuing the Properties

Here, however, as in Hayden , we face an additional challenge. Husband provided limited information about the trial court's proceedings following remand to the trial court after the first appeal. Husband, who proceeded by appendix under California Rules of Court, rule 8.124, did not provide any minute orders or other written orders from the hearings held in the trial court in January and April 2016; nor did he designate transcripts from those proceedings as part of the record. We do not know whether the trial court heard any evidence or argument at these hearings, which are pertinent because they potentially included evidence of what occurred between the parties during the period from the first trial to the remand to the trial court after appeal, i.e. the time relevant under Hayden's analysis. The absence of a record capable of evaluation caused the Court of Appeal in Hayden to remand the matter to the trial court to determine what facts considered under principles of equity compelled a particular valuation date. However, we conclude under the circumstances of this case that the trial court's decision to set the valuation date at the date of remand did not constitute an abuse of discretion.

Husband was on notice that providing information about what occurred between the time of the original trial and the remand of the case was necessary to this appeal. The issue of the valuation date was squarely before the trial court on remand because the parties placed it at issue. Husband asked the trial court to rule based on the evidence heard at the 2012/2013 trial and adopt the property values as stated during that trial; Wife moved the court to reopen discovery on the issue of valuation of the properties and hold a new trial. At the hearing in April 2016, the court denied Wife's motion; in the Judgment, it explained its reason for doing so: "Given the reasons for the reversal and remand, this

trial court is presumed correct and prejudicial error must be affirmatively shown. [Citation.] 'In the absence of a contrary showing in the record, all presumptions in favor of the trial court's action will be made by the appellate court. "[I]f any matters could have been presented to the court below which would have authorized the order complained of, it will be presumed that such matters were presented." ' [Citation.] ... ' "A necessary corollary to this rule is that if the record is inadequate for meaningful review, the appellant defaults and the decision of the trial court should be affirmed." ' [Citation.] 'Consequently, [appellant] has the burden of providing an adequate record. [Citation.] Failure to provide an adequate record on an issue requires that the issue be resolved against [appellant].' [Citation.]." ( Foust v. San Jose Construction Co., Inc. (2011) 198 Cal.App.4th 181 , 187, 129 Cal.Rptr.3d 421 .) Under these principles of appellate review alone, we could find that Husband has defaulted his objection and affirm the trial court's determination that the date of remand is the appropriate date of property valuation.

However, we are also persuaded the record before us provides sufficient support for the trial court's choice of valuation date. We first observe that in the Judgment, the trial court implicitly rejected Husband's argument against valuing the properties at the date of trial rather than the date of remand and judgment. At the 2012/2013 trial, Husband presented evidence that he should be entitled to reimbursements from Wife for approximately $ 1.3 million in alleged payments made for the properties post separation, and that he took loans from family members for that purpose. He asserted in his proposed statement of decision that dividing the properties at the current market value post remand would result in an "unjust financial windfall" to Wife if he was not reimbursed for those loan payments or other monies he alleged he paid. But the trial court found Husband's testimony that he was entitled to such reimbursements not credible, and in fact indicated that Husband's presentation of documents supporting his claims was deceitful. "This court finds that [Husband's] testimony and his documentation are not worthy of belief. He bears the burden to establish his right to Fam. Code section 2640(b) reimbursement. He has failed to present credible evidence in support of his claim." The trial court thus rejected the evidence underlying Husband's equitable argument that Wife would unfairly benefit if the trial court set the property valuation date at the time of remand. (See section II(D), post. )

We are also persuaded that there is separate support for the trial court's decision

10 year old case, and the obsolescence of the stale real property values as estimated in 2012, 2013 and 2014, fairness and equity compel the Court to order the reappraisal, sale and equitable division of the net proceeds yielded from the 6 real properties that constitute the lion's share of the remaining marital community estate." She suggested that the court take "judicial notice of the local real estate market since 2012 (as per [Wife's] July 26, 2013 Request for Judicial Notice for Increase in Real Estate Values) in concluding the properties surely appreciated since then."

Drawing every inference in favor of the trial court's decision as we are required to do, we agree that once the trial court determined that Husband's reimbursement claims were not credible, the age of the case, the well-known appreciation of real property that occurred over the years while the litigation was pending in the trial court and on appeal, and the obsolescence of the 2012/2013 property valuation, provided a sufficient basis for the trial court to decide that it was equitable to set the date for valuation of the properties in dispute at the date of remand and Judgment, not the date of the 2012/2013 trial. We observe that as a result of the trial court's ruling, the property is being divided equally between the parties, as required by section 2550. For these reasons, our sense of equity and fairness is not offended by the trial court's decision, and we hold that the trial court did not abuse its discretion when it chose the property valuation date.

3. The Trial Court Did Not Abuse Its Discretion in Ordering the Sale of the Properties

Husband asserts the trial court erred in ordering the sale of the properties, rather than awarding them to him in equalization for the reimbursements and credits he believes Wife owes him, arguing the sale of the properties is not necessary in order to accomplish an equal division of the community estate. We are not persuaded. The trial court has broad discretion to determine the manner in which to divide community property, keeping in mind the requirement of section 2550 that the community estate be equally divided between the parties. ( Connolly , supra , 23 Cal.3d at p. 603, 153 Cal.Rptr. 423 , 591 P.2d 911 ; Foley , supra , 189 Cal.App.4th at p. 526, 117 Cal.Rptr.3d 162 .) Thus, we review the trial court's order for abuse of discretion. ( Foley , supra , 189 Cal.App.4th at p. 526, 117 Cal.Rptr.3d 162 .)

In Connolly , the Supreme Court confirmed, "[t]he exercise of a trial court's sound discretion [to divide property] is best preserved by maintaining a maximum degree of allowable flexibility." ( Connolly , supra , 23 Cal.3d at p. 603, 153 Cal.Rptr. 423 , 591 P.2d 911 .) Keeping that in mind, there are several methods by which the trial court can divide property: "(1) in kind, (2) asset distribution or cash out, (3) sale and division of proceeds, or (4) conversion to tenancy in common where the sale of the family home is deferred ...." (

In re Marriage of Cream (1993) 13 Cal.App.4th 81 , 88, 16 Cal.Rptr.2d 575 ( Cream ).) "An order for the sale of an asset or assets and for division of the proceeds is often the most expeditious and

property" or that one party could not purchase the other party's interest, as was the case in Holmgren, supra , 60 Cal.App.3d at page 873, 130 Cal.Rptr. 440 .

We also observe that in his objections to the court's proposed statement of decision, Husband did not argue that the trial court failed to show the sale of the properties was otherwise necessary to effect an equal division, or that Husband could not buy out Wife's interest in the properties. By failing to object to the trial court's judgment on this basis, Husband forfeited these arguments on appeal. "[A]n appellate court will ordinarily not

Husband did not object to the court's finding, in its October 2016 proposed statement of decision, that the property was partially Husband's separate property. Rather, in his written objections, he argued only that the court failed to properly address his reimbursement request. In its proposed statement of decision, the trial court, as it did in the Judgment, stated its belief the parties agreed La Madrona was partly Husband's separate property. The court did not include a discussion of Husband's reimbursement request in the proposed statement of decision; the court ordered the property appraised and sold, with the proceeds distributed between Husband and the community in proportion to Husband's separate property ownership, which the court did not define. In objecting to the proposed decision, Husband asked the court to state the legal and factual basis for denying his requested contribution, but did not address the finding that the property was partly his separate property.

As discussed in section II(A)(3), ante , by failing to object to the trial court's finding that the property was partially Husband's separate property, Husband arguably forfeited that argument on appeal. ( Falcone & Fyke , supra , 164 Cal.App.4th at p. 826, 79 Cal.Rptr.3d 588 .) "However, even where a legal argument was not raised in the trial court, we have

of the property was Husband's separate property. There is nothing in the record before us indicating the parties disputed the characterization of the La Madrona property as community property at the time of the 2012/2013 trial.

Reviewing the record de novo, based on the parties' stipulation, we find the La Madrona property to be wholly community property. There is not substantial evidence supporting the trial court's finding to the contrary. Aside from the parties' clear stipulation, the record indicates the parties purchased the La Madrona property during the marriage, as husband and wife as joint tenants. Section 2581 creates a rebuttable presumption that property acquired during marriage in joint form, including joint tenancy, is community property. This presumption is one affecting the burden of proof, and can be rebutted by: "(a) A clear statement in the deed or other documentary evidence of title by which the property is acquired that the property is separate property and not community property. [¶] (b) Proof that the parties have made a written agreement that the property is separate property." (§ 2581.) The record indicates neither of these exceptions apply in this case; the deed specifies the parties took the property as tenants in common, and there is no clear evidence of a written, valid agreement that the property is Husband's separate property. While the Agreement may have contained a provision acknowledging a portion of La Madrona to be Husband's separate property, the trial court found the Agreement to be unenforceable. More importantly, the parties stipulated to characterizing the property as community property after they entered into the Agreement.

ability to be reimbursed for his separate property contribution. We will reverse the Judgment accordingly and remand the matter to the trial court to properly characterize the La Madrona property as a wholly community asset, and to consider the effect of that characterization on Husband's reimbursement under section 2640.

C. Husband Forfeited His Argument re: Characterization of Equalization Payment

The trial court found the $ 600,000 Husband paid Wife as an equalization payment under the Agreement to be presumptively from community funds, such that it ordered Wife to reimburse Husband only half of the payment. Husband argues the trial court incorrectly applied the presumption, as Husband made the payment after separation. Even if the presumption applied, Husband contends he overcame the presumption with evidence the $ 600,000 came from a separate property source.

Although the trial court characterized the $ 600,000 payment as presumptively community property in its October 2016 proposed statement of decision, Husband did not object on that basis in his written objections to the proposed statement. As we have previously explained, the appellate court "will ordinarily not consider procedural defects or erroneous rulings where an objection could have been, but was not raised below." ( Falcone & Fyke , supra , 164 Cal.App.4th at p. 826, 79 Cal.Rptr.3d 588 ; see section II(A)(3) & (B), ante .) While the facts underlying the La Madrona issue were not disputed, the facts concerning the court's characterization of the $ 600,000 payment were. Whereas the parties stipulated on the record La Madrona was a community property, there is no such agreement regarding the $ 600,000 payment. In fact, at the outset of the trial, the parties identified their dispute regarding the property: Wife argued it was a community asset subject to a "loan that needs to be canceled"; Husband argued it was Wife's property subject to reimbursement for the equalization payment. The parties presented evidence and argument in support of their contentions. Given that the facts surrounding the source of the $ 600,000 payment were in dispute, and Husband failed to object to the trial court's characterization of the funds as coming from a presumptively community source, we find he forfeited this argument on appeal.

along legal lines, its decision will be affirmed on appeal if there is substantial evidence to support it. [Citation.] ...' " ( In re Marriage of Geraci (2006) 144 Cal.App.4th 1278 , 1286, 51 Cal.Rptr.3d 234 ; see In re Marriage of Hebbring (1989) 207 Cal.App.3d 1260 , 1272, 255 Cal.Rptr. 488 .)

In arguing the trial court abused its discretion, Husband focuses on the belief he presented sufficient evidence to prove he made payments on community property debts with separate property funds after the date of separation, claiming Wife did not provide any contradictory evidence. Husband does not include significant discussion of the trial court's basis for ruling as it did; in its Judgment, the court makes it clear it denied Husband's request based on its finding that he lacked credibility and failed to produce credible evidence in support of his claims. This finding significantly impacts how we review the matter on appeal.

"The trial court sits as trier of fact and it is called upon to determine that a witness is to be believed or not believed. This is the nature of fact finding. 'The trier of fact is the sole judge of the credibility and weight of the evidence ....' [Citation.]" ( In re Marriage of Greenberg (2011) 194 Cal.App.4th 1095 , 1099, 125 Cal.Rptr.3d 238 ( Greenberg ).) "In that role, the judge may reject any evidence as unworthy of credence, even uncontradicted testimony. [Citation.]" ( Falcone & Fyke , supra , 203 Cal.App.4th at p. 979, 138 Cal.Rptr.3d 44 .) "We do not judge credibility on appeal. An adverse factual finding is a poor platform upon which to predicate reversible error." ( In re Marriage of Boswell (2014) 225 Cal.App.4th 1172 , 1175, 171 Cal.Rptr.3d 100 , citing Greenberg , supra , at p. 1097, 125 Cal.Rptr.3d 238 .)

In reviewing the trial court's decision, we do not replace the court's exercise of discretion with our own by accepting evidence the court rejected; we are required to uphold the judgment if any substantial evidence supports the court's decision, without consideration of whether there also exists substantial evidence to support Husband's position. The credibility of Husband's testimony and evidence was part of the court's decision and thus not for us to judge in the first instance. ( In re Marriage of Calcaterra and Badakhsh (2005) 132 Cal.App.4th 28 , 34, 33 Cal.Rptr.3d 246 .) The trial court found Husband's testimony and evidence to be unreliable.

In particular, the court determined Husband presented untrustworthy documentary evidence to the court, in the form of the notes offered to support his claim that his family loaned him money to maintain the community assets after separation. The court found that the form used to prepare the notes was not in print until after the date the notes were purportedly signed. Not only did the trial court find it could not accept the "legitimacy" of the notes, it determined Husband "deliberately presented these documents in an attempt to

deceive [the] Court into believing that the notes were prepared and executed on the dates indicated on the notes, knowing that they were in fact prepared well after the dates indicated on the notes." "The evidence convinces this court that, [Husband's