California Court of Appeal

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Marriage of Georgiou and Leslie, D061200

Summary adjudication for former husband in action in which former wife alleges her former husband breached his fiduciary duty to her during their dissolution proceedings by not disclosing the true value of a community asset divided in the marital settlement agreement (MSA), his prospective referral fee in federal class action securities litigation against Enron Corporation, is affirmed, where: 1) Family Code section 1101 does not authorize former wife's action; 2) because the prospective referral fee was not concealed, but rather the parties litigated the issue and the judgment fully adjudicated the asset, the former wife's recourse was an action to set aside the judgment, or a portion thereof, within the one-year limitations period specified in the relevant portion of Family Code section 2122(f); and 3) because her action was untimely, the court lacked jurisdiction over the matter.

Appellate Information

  • Decided 07/31/2013
  • Published 07/31/2013

Judges

  • MCCONNELL

Court

  • California Court of Appeal

Counsel