Supreme Court of California

In a marital dissolution action involving the proper apportionment of the service credit from the parties' marriage, a member of the California Public Employees' Retirement System (CalPERS), judgment finding that the community was entitled to 70.83% of the service credit is reversed in part and remanded where: 1) the community had a claim only on the annuity component relating to the time period of the husband-Dalia marriage, and was entitled only to a pro tanto share of that portion of husband's retirement allowance ; and 2) both the trial court and the court of appeal made an error of law in assuming that husband's redeposit of member contributions with community funds entitled the community to a corresponding fraction of the entire retirement allowance attributable to the years of the Husband-Dalia marriage.

Appellate Information

• Decided 02/22/2010
• Published 02/22/2010

Judges

• BAXTER, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Tarkington, O'Neill, Barrack & Chong and Robert A. Roth for Appellant Gordon Albert Sonne., Barbara A. DiFranza as Amicus Curiae on behalf of Appellant Gordon Albert Sonne., Law Offices of Bernard N. Wolf, Bernard N. Wolf; Law Office of Billie C. French and Billie C. French for Appellant Theressa Lynn Sonne.