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Cases of Interest: California
© National Legal Research Group, Inc.
Agreements (full category)
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CALIFORNIA: Egedi v. Egedi, No. B140733 (Cal. Ct. App. Mar. 28, 2001).
Wife appealed from the judgment challenging the trial court's refusal to enforce an agreement freely and voluntarily entered into by the parties without fraud, duress, or undue influence. The agreement was typed by an attorney who informed the parties of the potential conflict of interest caused by his acting as a scrivener of the agreement.
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CALIFORNIA: D'Elia v. D'Elia, ___ Cal. App. 4th ___, 68 Cal. Rptr. 2d 324 (1997).
State securities laws do not apply to agreements between a husband and a wife dividing community property.
Read More About This CaseAttorney's Fees (full category)
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CALIFORNIA: Askew v. Askew, ___ Cal. App. 4th ___, 28 Cal. Rptr. 2d 284 (1994).
Wife was entitled to award of fees for defense of husband's civil fraud action, which was duplicative of wife's family law action and put her to a wholly unnecessary legal expense.
Read More About This CaseCALIFORNIA: In re Marriage of Schulze, ___ Cal. App. 4th ___, 70 Cal. Rptr. 2d 488 (1997).
Award of $5,000 in attorney's fees to the wife could not be upheld as a sanction against the husband for frustrating settlement despite the actions of the husband's parents which produced a precipitous drop in his income.
Read More About This CaseChild Support (full category)
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CALIFORNIA: In re Marriage of Carlton, No. B142866 (Cal. Ct. App. Aug. 28, 2001).
In this case, the husband sought to reduce spousal and child support in connection with a request for custody of one of the children.
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CALIFORNIA: In re Marriage of Destein, No. A090293 (Cal. Ct. App. Aug. 30, 2001).
The husband objected to the trial court imputing a rate of return on his separate property real estate which was nonincome producing.
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Classification of Assets (full category)
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CALIFORNIA: In re Marriage of Elfmont, ___ Cal. 4th ___, 891 P.2d 136 (1995).
Husband's disability insurance benefits were his separate property even though the policies were initially acquired during marriage, because he became entitled to draw benefits only after he had renewed the policies following the parties' separation with premiums paid out of his separate property, and he did not renew the policies with the intent of providing community retirement income.
Read More About This CaseClosely Held Corporations (full category)
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CALIFORNIA: In re Marriage of Stevenson, 20 Cal. App. 4th 250, 24 Cal. Rptr. 2d 411 (1993).
Small businesses, which rely heavily on the skill and reputation of the parties who operate them, must be valued at the time of separation not at the time of trial.
Read More About This CaseCounseling (full category)
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CALIFORNIA: In re Kristine W., No. D038074 (Cal. Ct. App. Dec. 12, 2001).
A juvenile court dependent, Kristine W., appealed the court's order permitting the San Diego Health and Human Services Agency to receive information from her therapist regarding her therapy.
Read More About This CaseCutoff Date (full category)
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CALIFORNIA: In re Marriage of Hardin, ___ Cal. App. 4th ___, 45 Cal. Rptr. 2d 308 (1995).
To identify the date of separation, the parties' subjective intents must be objectively determined from all of the evidence reflecting their words and actions during the disputed time period to ascertain when the rift in their relationship was final.
Read More About This CaseDisabilty Benefits (full category)
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CALIFORNIA: In re Marriage of Elfmont, ___ Cal. 4th ___, 891 P.2d 136 (1995).
Husband's disability insurance benefits were his separate property even though the policies were initially acquired during marriage, because he became entitled to draw benefits only after he had renewed the policies following the parties' separation with premiums paid out of his separate property, and he did not renew the policies with the intent of providing community retirement income.
Read More About This CaseDiscovery (full category)
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CALIFORNIA: Babcock v. Superior Court, ___ Cal. App. 4th ___, 35 Cal. Rptr. 2d 462 (1994).
The wife made a sufficient showing to overcome the privacy interests of the husband's cohabitant in her financial records; however, the trial court abused its discretion when it did not conduct an in camera review of the documents and issue a protective order.
Read More About This CaseDivision (full category)
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CALIFORNIA: In re Marriage of Doherty, ___ Cal. App. 4th ___, 126 Cal. Rptr. 2d 919 (2002).
During the marriage, the wife agreed to relocate to California in connection with her employment. To induce her to make the move, the employer offered her a relocation package. Among the benefits in the package was a monthly mortgage subsidy.
Read More About This CaseCALIFORNIA: In In re Marriage of Duncan, 90 Cal. App. 4th 617, 108 Cal. Rptr. 2d 833 (2001).
When marital or community property changes in value after the date of separation, the court must determine whether to value the property before or after the change occurred. The general rule is that the change is separate, and an earlier valuation date should therefore be used when the change results from the active efforts of one spouse alone. should be used.
Read More About This CaseCALIFORNIA: Rossi v. Rossi, No. B141041 (Cal. Ct. App. 2d Dist. June 22, 2001).
The trial court held, and the appellate court affirmed, that the wife had intentionally concealed her lottery winnings prior to the divorce and that her conduct constituted fraud.
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Federal Preemption (full category)
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CALIFORNIA: In re Marriage of Shelstead, ___ Cal. App. 4th ___, 78 Cal. Rptr. 2d 365 (1998).
A domestic relations order in a dissolution action is not qualified if it provides the nonemployee spouse with the right to name a successor in interest to receive his or her share of undistributed pension benefits upon his or her death because a successor in interest is not an "alternate payee" within the meaning of ERISA.
Read More About This CaseForeign Issues (full category)
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CALIFORNIA: Shaban v. Shaban, Nos. G024572, G025498 (Cal. Ct. App. Apr. 11, 2001).
Parties cannot agree, without a premarital agreement as to basic terms, that a marriage will be governed by another country's laws and then fill in the basic terms by parol evidence.
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Marital Home (full category)
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CALIFORNIA: In re Marriage of Brand, ___ Cal. App. 4th ___, 53 Cal. Rptr. 2d 179 (1996).
The trial court may order exclusive use and a deferred sale of the marital home even when the spouse who will not reside in the home has a separate property interest in the home.
Read More About This CasePensions (full category)
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CALIFORNIA: In re Marriage of Oddino, ___ Cal. ___, 65 Cal. Rptr. 2d 566, 939 P.2d 1266 (1997).
State and federal courts have concurrent jurisdiction to decide whether a state court's order assigning retirement benefits to the nonemployee spouse is a qualified domestic relations order (QDRO); an order does not qualify as a QDRO if it requires the retirement plan to pay the nonemployee spouse a portion of the employee spouse's early retirement benefits without any actuarial reduction, where the employee spouse is eligible for such unreduced benefits upon early retirement but has not yet retired.
Read More About This CaseCALIFORNIA: In re Marriage of Lehman, ___ Cal. 4th ___, 955 P.2d 451 (1998).
A nonemployee spouse who owns a community property interest in an employee spouse's retirement benefits under a defined benefit plan owns a community property interest in the retirement benefits as enhanced by early retirement incentives offered after the dissolution of the parties' marriage.
Read More About This CasePersonal Injury Awards (full category)
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CALIFORNIA: In re Marriage of Fell, ___ Cal. App. 4th ___, 64 Cal. Rptr. 2d 522 (1997).
The purported waiver of statutory disclosure obligations in the parties' settlement agreement was invalid, so the trial court acted within its discretion in setting aside the dissolution judgment based upon the agreement.
Read More About This CaseCALIFORNIA: In re Marriage of Varner, 55 Cal. App. 4th 128, 63 Cal. Rptr. 2d 894 (1997).
A spouse's failure to disclose the existence or the value of a community asset constitutes a basis for setting aside a dissolution judgment on the ground of mistake.
Read More About This CasePostdecree Proceedings (full category)
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CALIFORNIA: Dale v. Dale, ___ Cal. App. 4th ___, 78 Cal. Rptr. 2d 513 (1998).
Absent a pending dissolution proceeding in which the parties' property and support rights have yet to be finally determined, a plaintiff who contends she suffered injury because her former spouse tortiously concealed community assets from her, thereby preventing her from fully presenting her case in a dissolution proceeding, is entitled to bring a subsequent tort action based on the alleged concealment.
Read More About This CaseTorts (full category)
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CALIFORNIA: Duffy v. Duffy, No. B136160 (Cal. Ct. App. Aug. 22, 2001).
The wife alleged that the husband breached his fiduciary duty to her by failing to disclose the nature of the parties' investments during the course of the marriage, under Family Code 1100 and 721.
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CALIFORNIA: Dale v. Dale, ___ Cal. App. 4th ___, 78 Cal. Rptr. 2d 513 (1998).
Absent a pending dissolution proceeding in which the parties' property and support rights have yet to be finally determined, a plaintiff who contends she suffered injury because her former spouse tortiously concealed community assets from her, thereby preventing her from fully presenting her case in a dissolution proceeding, is entitled to bring a subsequent tort action based on the alleged concealment.
Read More About This CaseValuation of Property (full category)
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CALIFORNIA: In re Marriage of Reuling, ___ Cal. App. 4th ___, 28 Cal. Rptr. 2d 726 (1994).
Trial court properly valued husband's stock at time of trial, rather than at an earlier date when its value was much higher.
Read More About This CaseCALIFORNIA: In re Marriage of Stevenson, 20 Cal. App. 4th 250, 24 Cal. Rptr. 2d 411 (1993).
Small businesses, which rely heavily on the skill and reputation of the parties who operate them, must be valued at the time of separation not at the time of trial.
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