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Course Syllabus

Community Property Spring 2013 Professor Lisa M. Stribling Course #LA764, 2 Units Wednesdays 6:30 8:20 p.m.

Contact Information: (562) 596-1001 Office (562) 822-7719 Cell lisastribling58@gmail.com Meetings will be scheduled upon request Course Description: Community Property examines the statutory codes and case law principles governing community property, particularly the California community property system, and the current rules for classification and division of property upon the dissolution of marriage. Learning Outcomes: Institutional Learning Outcomes: By the end of this course, student should be able to: 1. Demonstrate a basic knowledge of the law in key areas tested on the California Bar Exam by obtaining a grade of 70 or higher on a class examination. 2. Understand the law as a tool of ministry demonstrated by articulating ways in which the subject area can be applied to pro bono legal services. 3. Identify and formulate the legal issues and theories that apply to the facts of a described situation or problem in the content area as demonstrated by successful performance on an examination. 4. Compare case law to a given set of facts, using it to determine the appropriate action as demonstrated by written case briefs and participation in classroom discussion. 5. Recognize and resolve ethical issues by applying knowledge of Biblical principles to content area topics as demonstrated by classroom discussion.

Legal Skills and Values Learning Outcomes:

By the end of this course, students should be able to: 1. Analyze and apply legal rules and principles as demonstrated by successful performance on an exam essay at a passing level. 2. Effectively communicate and articulate their understanding of the legal rules and principles as demonstrated by oral and written briefing of the cases. 3. Discuss and resolve ethical and moral dilemmas and be able to represent a client consistently with applicable ethical standards as demonstrated by completion of a client advice simulation addressing ethical dilemmas in class with a passing grade. Content Specific Learning Outcomes: By the end of this course, students should be able to: 1. Demonstrate a thorough understanding of classification of property as community property, separate property, or quasi-community property through oral and written briefing of the cases, class discussions, and achieving a passing grade on a class examination. 2. Demonstrate a thorough understanding of community property presumptions, burdens of proof, and fiduciary duties of spouses through oral and written briefing of the cases, class discussions, and achieving a passing grade on a class examination. 3. Demonstrate a thorough understanding regarding the valuation formulas for specific assets, including, but not limited to businesses, professional educations, professional practices, goodwill, real property, personal injury awards, and retirement plans. Class Attendance Policy: Students must attend at least 80% of the regularly scheduled class hours in each course in order to receive credit for the course. On rare occasions in emergency circumstances, students may arrange to make up classroom hours with permission of the instructor. If a student is dropped from a course due to inadequate attendance, the student will be required to repeat the course at its next offering in order to meet graduation requirements. Students are required to come to class prepared to actively participate as this course requires. Students should be aware that failure to meet the attendance standard can take place through tardiness as well as absence for an entire class. Please refer to the attendance policy in the student handbook for further information. Preparedness:

Students are expected to have read the assigned cases and supplemental cases (when applicable) and be prepared to brief them in front of the class and to participate meaningfully in class discussions. Student Conduct in the Classroom: The classroom experience is designed to promote a professional tone and to prepare students for the ethical practice of law. Students are expected to treat faculty and fellow students with respect and courtesy. Failure to do so will be considered a violation of the Standards of Conduct contained in the Student Handbook and shall be subject to the sanctions contained therein. Texts Used in the Course: Required Texts: Gail Boreman Bird and Jo Carrillo, Cases and Materials on California Community Property (10th Edition) West Publishing There will occasionally be supplemental cases, which will be assigned the proceeding week. You are expected to have printed out and briefed cases in advance of class.

Supplemental Cases:

Examination Policy: A. Midterm Exam: A midterm exam will be given on March 6, 2013 during the 2nd half of class. It will consist of either a one 1-hour essay question or 10 short answer questions. The midterm exam will constitute 10% of your overall grade. All students in the course are required to take the midterm when administered. Any student who fails to take the midterm exam will not receive credit for that portion of the final grade. B. Final Exam: The final exam will be administered on April 24, 2013. It will be comprised of 2 one-hour essay questions. The final exam will constitute 90% of your final grade. Grading Policy: The instructor will not release midterm or final grades to the students for any reason. Grades will be released by the records office via the TLS Online student portal. Do not ask the instructor for a release of your midterm or final grade or for information about your grades. Until your grades are posted by the registrars office, the instructor reserves the right to modify the grades to promote fairness and accuracyand comply with the grading standards of the university and the State Bar. Changes subsequent to issuance will only be made in order to correct mathematical errors or for an evident injustice.

Change Due to Unforeseen Circumstance: At some time during the semester, it may become necessary due to emergency circumstances for class to be cancelled and rescheduled. If this occurs, reading assignments and other assignments may be postponed to future dates. However, in no instance will an assignment be advanced to be duesooner than indicated by the syllabus.

CLASS READING ASSIGNMENTS:


January 16,2013 Topics Covered: Pages 1 - 61 Definition of Marriage; Marital Property Overview; English Common Law, Statutory Civil Law, California Community Property System, Domestic Partnerships,Pre-Nuptial Agreements

Cases: Stewart v. Stewart Marriage of Noghrey Marriage of Bonds January 23, 2013 Topics Covered: Post-Nuptial Agreements; Marital Settlement Agreements; Classification of Property; Classification of property; Presumptions; Rebutting Presumptions Cases: Marriage of Burkle Estate of Bibb Marriage of Steinberger Wilson v. Wilson Fidelity Casualty v. Mahoney Marriage of Ettenfagh Estate of Clark Downer v. Bramet pg. 61 pg. 82 pg. 90 pg. 99 pg. 101 pg. 105 pg. 116 pg. 119 (post nuptial agmt.) (transmutation) (gift presumption) (presumption) (classification) (tracing) (inheritance) (gift) pg. 29 pg. 37 pg. 46 Pages 61 - 122 (cp definition) (prenup) (prenup)

Supplemental Cases: Marriage of Baltins (1989) 212 Cal.App.3d 66 Marriage of Delaney (2003) 111 Cal.App.4th 991

January 30, 2013 Topics Covered:

Pages 122 - 180 Date of Separation; Special Presumptions; Burden of Proof; Standard of Proof; Tracing; Form of Title; value of education; Professional Practices, Educational Loans, Business Valuation

Cases: Marriage of Manfer Marriage of Ashodian Marriage of Lucas Todd v. Todd Marriage of Watt Marriage of Graham Supplemental Cases: February 6, 2013 Topics Covered: pg. 122 (date of separation) pg. 136 (form of title/presumptions) pg. 149 (form of title/presumptions) pg. 161 (value of education) pg. 171 (contribution to education) pg. 178 (educational expenses) Marriage of Harden (1995) 38 CA 4th 448 (sep. date) Pages 181 263 Goodwill, Life Insurance Policies; Same sex marriages; Domestic Partnerships, Putative Mariages, QuasiCommunity Property

Cases: Marriage of McTiernan & Dubrow Marriage of Spengler Strauss v. Horton Statement of Attorney General Coats v. Coats Estate of Leslie Estate of Hafner February 13, 2013 Topics Covered: pg. 181 pg. 198 pg. 216 pg. 230 pg. 237 pg. 240 pg. 248 Pages 263 317 Domestic partnerships; non-marital cohabitation; quasi community property; domicile; retroactive application of statues; reimbursement (goodwill) (classification) (same sex mar) (Prop. 22) (putative spouse) (Putative spouse) (putative spouse)

Cases: Velez v. Smith Marvin v. Marvin Rozan v. Rozan Grappo v. Coventry Fin. Corp. Addison v. Addison Marriage of Roesch pg. 263 pg. 269 pg. 286 pg. 288 pg. 293 pg. 298 (dom. Partner/put spouse) (non-mar. cohabitation) (domicile) (domicile) (quasi-cp) (quasi-cp) Goodwill

Marriage of Bouquet Marriage of Heikes February 20, 2013 Topics Covered: Cases: Wissner v. Wissner Boggs v. Boggs See v See Marriage of Mix Marriage of Frick Periera v Pereira Beam v. Bank of America Marriage of Koestner Tassi v. Tassi February 27, 2013 Topics Covered:

pg. 301 pg. 307 Pages 319 - 367

(ret. Application of statute) (Reimbursement)

Supremacy clause; commingling; business profits [Pereira & Van Camp Methods]; business valuation

pg. 319 (supremacy clause) pg. 326 (federal supremacy) pg. 339 (tracing) pg. 343 (commingling) pg. 346 (tracing) pg. 351 (business profits) pg. 354 (business profits) pg. 358 (business profits) pg. 364 (community interest in bus) Pages 368 427

Reverse Apportionment Valuation; Installment and Credit Acquisitions; Lender Intent Doctrine; Apportionment; Improvements to Separate Property; Improvements to Community Property; Apportionment; Family Code 2640; Tracing

Cases: Marriage of Imperato Vieux v. Vieux Gudelj v. Gudelj Marriage of Grinius Marriage of Moore Marriage of Frick Marriage of Walrath Marriage of Wolfe Marriage of Smith Supplemental Cases: pg. 368 pg. 375 pg. 379 pg. 383 pg. 390 pg. 394 pg. 398 pg. 414 pg. 424 (reverse apportionment) (com. Payments on sp) (lender intent) (char. of loan proceeds) (apportionment) (dividing appreciation) (FC2640- tracing) (improvements to sp) (improvements to cp)

In re Marriage of Marsden (1982) 130 Cal.App. 3d 426 (apportionment) Marriage of Aufmuth (1979) 89 Cal.App.3d 446 Pages 428 521 Personal injury damages; retirement plans

March 6, 2013 Topics Covered:

Cases: Marriage of Devlin Marriage of Brown Marriage of Bergman Marriage of Gilmore Marriage of Lehman March 13, 2013 Topics Covered: Cases: Marriage of Hug Marriage of Elfmont Marriage of Gram pg. 487 pg. 496 pg. 514 (stock options) (disability benefits) (early retirement) pg. 432 pg. 441 pg. 448 pg. 461 pg. 472 Pages 487 521 Employee related benefits; disability benefits; early retirement (personal injury damages) (dividing pensions) (in-kind div. v. cash out) (retirement eligibility) (def. benefit plan)

Supplemental Cases: Marriage of Luciano (1980) 104 Cal.App.3d 956 Marriage of Babauta (1998) 66 Cal.App.4th 784 Marriage of Ellis (2002) 101 Cal.App.4th 400 March 20, 2013 Topics Covered: Cases: Tyre v. Aetna Life Insurance Co. Marriage of Stitt Marriage of Duffy Marriage of Walker Wilcox v. Wilcox Spreckles v. Spreckels Supplemental Cases: March 27, 2013 NO CLASS SPRING BREAK April 3, 2013 Topics Covered: Pages 578 626 Recapture and reimbursement; restitution, estoppel and waiver; contract debts; transfer of community assets to third parties; totten trusts; creditors rights, spousal torts pg. 533 pg. 538 pg. 544 pg. 557 pg. 568 pg. 571 (management and control) (creditors rights) (breach of fiduciary duty) (breach of fiduciary duty) (inter-spousal claims) (restitution) Pages 522 - 578 Management and control of community property, creditors rights; fiduciary Duties, inter-Spousal Claims; restitution

In re Marriage of Haines (1995) 33 Cal.App.4 th, 277

Cases: Estate of Wilson Droeger v. Freidman, Sloan & Doss Lezine v. Sec. Pacific Financial Svcs, Grolemund v. Cafferata Marriage of Feldner April 10, 2013, 2013 Topics Covered: pg. 578 pg. 583 pg. 599 pg. 617 pg. 621 (transfer of cp to 3rd party) (transfer of cp to 3rd party) (creditors rights) (spousal tort) (creditors rights)

Pages 627 - 675

Assignment of debts in a Marital Settlement Agreement, Judgment creditors, UFTA; Division of community property upon legal separation or divorce, Bifurcation, Preliminary and Final Declaration of Disclosure

Cases: American Olean Tile Co. v. Schultze Marriage of Braendle Mejia v. Reed Marriage of Hufford Gionis v. Superior Court April 13, 2013 Topics Covered: pg. 627 pg. 631 pg. 634 pg. 656 pg. 672 (effect of MSA) (judgment creditors) (UFTA) (non-modification clause) (bifurcation)

Pages 676 713

Jurisdiction, default judgments, Marital Settlement Agreements; enforcing marital settlement agreements; modifying marital settlement agreements; equal division of assets & debts; watts credits; valuation date; assignment of liabilities; tax consequences; deferred sale of property Cases: Muckle v.Superior Court Marriage of Andresen Marriage of Stallworth Marriage of Tammen Marriage of Eastis Marriage of Micalizio Marriage of Harrington Supplemental Cases: pg. 676 pg. 684 pg. 690 pg. 697 pg. 700 pg. 703 pg. 710 (personal jurisdiction) (default judgment) (addressing errors) (equalization provision) (debts exceeding assets) (property division) (capital gains)

Marriage of Nelson (2006) 139 Cal.App. 4th 1546 (valuation date)

Marriage of Braud (1996) 45 Cal.App.4th 797 (deferred sale of home) Marriage of Davies (1983) 143 Cal.App.3d 851 April 24, 2013 Topics Covered: Pages 714 785 Post dissolution remedies; grounds to set-aside judgment; [fraud, duress, failure to disclose]; mediation; burden of proof; distribution of property upon death pg. 716 (failure to disclose) pg. 729 (mediation privilege) pg. 740 (concealing assets) pg. 747 (omitting assets) pg. 776 (distribution on death)

Marriage of Varner Marriage of Kieturakis Marriage of Rossi Henn v. Henn Dawes v. Rich

***LAST HALF OF CLASS WILL BE A REVIEW FOR THE FINAL EXAM*** May 8, 2013

***FINAL EXAM***