Filed 12/8/20 Marriage of Hibbert CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SEVEN In re Marriage of SHARON B291518 and WINSTON HIBBERT. (Los Angeles County Super. Ct. No. LD073762) WINSTON HIBBERT, Petitioner and Appellant, v. SHARON WINSTON, Respondent. APPEAL from a judgment of the Superior Court of Los Angeles County, Shirley K. Watkins, Judge. Affirmed as modified. Charles O. Agege for Petitioner and Appellant. No appearance for Respondent. ___________________ INTRODUCTION Winston Hibbert appeals from a family law judgment adjudicating the parties’ date of separation, characterizing real property as Sharon Hibbert’s separate property, and denying Winston’s reimbursement claims. Winston contends that substantial evidence does not support the trial court’s rulings and that the trial court abused its discretion in admitting certain evidence. We modify the judgment to correct two errors and affirm. FACTUAL AND PROCEDURAL HISTORY A. Background Winston and Sharon were married on October 6, 1987.1 They have two daughters, Princessa and Melissa, both adults. On April 27, 2016, Winston filed a petition for dissolution of marriage listing September 15, 2015 as the date of separation. Sharon contended the date of separation was December 17, 2006. Winston represented himself at the trial. Counsel represented Sharon. The trial occurred on May 23, 2017, August 15, 2017, December 26, 2017, and March 21, 2018. Sharon worked for a trucking company driving a “big rig” truck all over the United States. She was gone from home for months at a time. Although Melissa and Sharon testified that Winston earned money from illegal drug sales, Winston testified that he worked as a handyman. 1 To avoid confusion, we refer to the parties by their first names. 2 B. In Early 2007, Sharon and Melissa Move Across the Street Sharon, Winston, and Melissa resided in an apartment on Vanowen Street in Van Nuys. Sharon testified that, on December 17, 2006, Winston hit her in the face during an argument, injuring her nose. Sharon testified that there was blood “all over.” Melissa, who at the time was 11 years old, testified that she heard her parents argue, saw Winston “chase [Sharon] down the hallway,” and observed Sharon with “blood all over her clothes and her face.” According to Sharon, because Winston pointed a gun at her, telling her that “if you call the police, you know, [he was] not going back to prison,” Sharon was afraid to tell the police that she had an altercation with Winston. Melissa went to the hospital with Sharon. Winston did not deny that he struck Sharon. According to Sharon, the domestic violence severed the marriage. After the incident, she and Winston did not have sexual relations, use the same ...
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