Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage Huntley

California Court of Appeals, Third District, Yolo

April 17, 2017

In re the Marriage of FRANK and DEANNA HUNTLEY. FRANK HUNTLEY, Respondent,
v.
DEANNA HUNTLEY, Appellant.

         APPEAL from a judgment of the Superior Court of Yolo County, No. FL11001946 Kathleen M. White, Judge. Reversed.

          Matthew B. Smith for Appellant.

          BAIR & BAIR and Pamela A. Bair for Respondent.

          HOCH, J.

         Deanna Huntley challenges the trial court's denial of her motion to divide unadjudicated community property under Family Code section 2556.[1] Deanna filed her motion more than two years after entry of a default judgment that dissolved her marriage to Frank Huntley.[2] The trial court denied the motion on grounds Deanna had not first moved to set aside the default judgment.

         On appeal, Deanna contends (1) section 2556 confers the trial court with continuing jurisdiction to adjudicate omitted community property without having to first move to set aside the judgment, (2) the dissolution judgment's silence as to the division of any property means all of the community property remains to be divided, and (3) the trial court's error requires reversal for proper division of the parties' community property.

         We conclude section 2556 provided the trial court with continuing jurisdiction to divide omitted or unadjudicated community property. The default judgment's silence as to any division of property requires reversal and remand for further proceedings under sections 2550 and 2556.

         FACTUAL AND PROCEDURAL HISTORY

         The Parties' Community Property

         The facts of this case are undisputed. Frank and Deanna married in 2000 and separated in June 2011. As the trial court found, “Both parties were employed during their marriage and [Deanna] was in charge of the parties' finances. She paid the bills. She was employed with the City of Woodland and was aware of her own employment benefits. [Deanna] was also aware of all of the parties' assets, their debts, their furniture, vehicles, and other assets. [Frank] retired approximately 15 months before the parties separated and began receiving retirement benefits. [Deanna] was well aware of these benefits and was also aware of [Frank's] Deferred Benefit Account, because the parties withdrew substantial funds from that account during their marriage.”

         The trial court further found that “there were other assets, namely household furnishings, vehicles, [Deanna's] PERS retirement, and [Frank's] Union Pension Plan and Deferred Compensation Plan. [Frank's] Pension Plan and Deferred Compensation Plan were both in pay status with monthly payments being received by the parties each month. At one of the hearings in this case, [Deanna] admitted she was aware of all of these assets.”

         Petition for Dissolution of Marriage and Default Judgment

         In December 2011, Frank served Deanna with a petition for dissolution of marriage, an income and expense declaration, and a community and quasi-community property declaration. Frank's petition stated all community and quasi-community property was listed in his accompanying declaration. However, the declaration did not list any property other than a house with a negative value of $89, 000.

         Deanna was served with the petition and attached declarations, but did not respond. In July 2012, Frank filed a request for default and served Deanna with a copy of the request. In October 2012, the trial court entered a default judgment. The default ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.