Wilcox

Plaintiff appeals from a judgment of dismissal following an order sustaining defendant’s demurrer without leave to amend.

Plaintiff’s complaint alleges he and defendant are husband and wife; defendant has taken, is in exclusive possession of, and has secreted $30,000 of community funds; demand has been made upon her for this money; and she refuses to pay the same to plaintiff.

Defendant’s demurrer to the complaint was upon the ground: “This Court does not have jurisdiction over the subject matter of this action, in that there is no statutory authority which allows a spouse to sue the other for mismanagement of community funds.”

The court sustained the demurrer without leave to amend.

The cause of action alleged in plaintiff’s complaint is not premised upon defendant’s mismanagement of community funds, as stated in her demurrer, but upon defendant’s violation of plaintiff’s right to manage, control and dispose of community funds.

By statute a husband “has the management and control of the community personal property, with like absolute power of disposition, other than testamentary, as he has of his separate estate,” subject to certain exceptions not material to the…