In Re Marriage of Hargrave

The trial of this matter, which culminated in the dissolution of a 26-year marriage, was heard by retired superior court Judge Charles Coring sitting as a referee. At the termination of the trial, each party submitted proposed findings of fact and conclusions of law. Thereafter, the referee signed findings and conclusions virtually identical to those submitted by respondent, Charles Hargrave (husband). The judgment prepared by the referee was adopted and signed by Judge Lavine. The judgment together with an order indorsed thereon and signed by the referee indicates that appellant’s (wife’s) objections to the referee’s findings of fact and conclusions of law were overruled.

Effective January 1, 1982, the Legislature adopted Statutes 1981, chapter 900, sections 1-2, pages 3425-3426, which abolished findings of fact and conclusions of law and substituted therefor a procedure for a statement of decision explaining the factual and legal basis for the court’s decision as to each of the principal controverted issues. Ignoring this statutory change, the parties, the referee, and the trial court proceeded under the preexisting provisions for the preparation and challenging of…

I concur with the majority opinion on the resolution of two of the issues presented on appeal but respectfully dissent as to the other two.

First, I agree with the majority opinion that there was substantial evidence in support of, and that there was no abuse of discretion in, the valuation of the family residence.

Second, I disagree with the majority opinion that there was no substantial evidence to support the referee’s valuation of professional goodwill and that he should have required the parties to furnish additional evidence or should have appointed his own expert. The discretion to accept or reject, in whole or in part, the evidence submitted by the contesting parties on that issue is vested in the referee. Contrary to the majority’s opinion, Evidence Code section 460 does not mandate that the referee should have obtained more expert testimony bearing on this issue. Section 460 provides that the court “may,” (not “shall”) appoint such expert witnesses.

Third, I agree with the majority opinion that the issue concerning the husband’s claimed credit for the debt owed by the business to his (hus-

*358 band’s) separate property pension plan (established after the parties…

The trial of this matter, which culminated in the dissolution of a 26-year marriage, was heard by retired superior court Judge Charles Loring sitting as a referee. At the termination of the trial, each party submitted proposed findings of fact and conclusions of law. Thereafter, the referee signed findings and conclusions virtually identical to those submitted by respondent, Charles Hargrave (husband). The judgment prepared by the referee was adopted and signed by Judge Lavine. The judgment together with an order indorsed thereon and signed by the referee indicates that appellant's (wife's) objections to the referee's findings of fact and conclusions of law were overruled.

Effective January 1, 1982, the Legislature adopted Statutes 1981, chapter 900, sections 1-2, pages 3425-3426, which abolished findings of fact and conclusions of law and substituted therefor a procedure for a statement of decision explaining the factual and legal basis for the court's decision as to each of the principal controverted issues. Ignoring this statutory change, the parties, the referee, and the trial court proceeded under the preexisting provisions for the preparation and…