H seeks discharge of student loan on grounds it was unenforceable against him based on allegations of fraud, identify theft, and failure to authorize loan. Bankruptcy court rejected those contentions, but found H only half-liable for loan based on FC 916 and his marital settlement…
Private judge adjudicated 1996 Premarital Agreement to be enforceable. PMA waived spousal support for both parties. Affirmed. Even though Wife was not represented by counsel when she executed PMA, the requirement for counsel under FC 1612(c) was not enacted until 2002 and is not applied…
W appealed FC 271 sanction order issued after H had to file a motion for entry of judgment pursuant to CCP 665.6 to enforce parties’ settlement agreement recited on the record. W argued TCT “erred by awarding sanctions without considering any oral testimony, relying instead…
H owned stock in business he started before marriage. TCT applied Van Camp formula and characterized the increased value of the stock after marriage as a return on H’s separate property, finding H had not contributed to growth of business during marriage. Affirmed. In order to apply Van Camp,…
Following reversal on appeal resulting in retrial, TCT appropriately valued assets at the time of the retrial, not the initial trial. Based on Hayden, TCT has “discretion to set a property valuation date after appeal according to principles of equity based on the facts of the case.”…
