Bono

Bono v. Clark

Good Law

103 Cal. App. 4th 1409·128 Cal. Rptr. 2d 31·2002 Cal. App. LEXIS 5082·2002 Daily Journal DAR 13716·2002 Cal. Daily Op. Serv. 11689

Court of Appeal of CaliforniaDecember 4, 2002H023029California8,774 words

Opinion

Wunderlich, J.

The plaintiff in this action asserts various property claims against her late husband’s estate. Plaintiff’s principal claim is for the recovery of community property used to improve the husband’s separate real estate during the parties’ 17-year marriage. Plaintiffs other claims relate to personal property left in the husband’s possession when the parties separated.

The trial court disposed of all of plaintiffs claims adversely to her, some by summary adjudication, and the rest by a defense judgment after trial. Plaintiff challenges all of those determinations on appeal.

As we explain, we conclude that the judgment contains errors of law that require reversal and remand.

Facts

The plaintiff is this action is Virginia “Ginni” Bono (plaintiff). The defendant is John Clark, executor of the Estate of John Bono (defendant). John Bono (decedent) was plaintiffs husband.

Plaintiff and decedent were married in 1977 and separated in 1994.

Prior to his marriage to plaintiff, decedent owned real property located at 4141 Canada Road in Gilroy, California. Decedent and his brother had purchased the Gilroy property in 1960 for $12,500. The two brothers later divided the 97-acre…

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Parties

VIRGINIA BONO
Plaintiff
JOHN CLARK
Defendant

Judges

Wunderlich

Cites (51)

59 Cal. App. 4th 252
108 Cal. Rptr. 2d 801
24 Cal. 4th 61
27 Cal. 3d 614
30 Cal. 2d 439
55 Cal. App. 624
210 Cal. 293
1 Cal. 3d 351
82 Cal. Rptr. 337
117 Cal. App. 3d 569
164 Cal. App. 3d 796
113 Cal. App. 3d 892
10 Cal. 4th 424
70 Cal. App. 2d 721
98 Cal. App. 2d 65
100 Cal. App. 2d 311
199 Cal. App. 2d 289
204 Cal. 454
187 Cal. App. 3d 1159
49 Cal. 3d 881
17 Cal. App. 4th 842
28 Cal. 3d 366
130 Cal. App. 3d 426
181 Cal. App. 3d 997
47 Cal. App. 4th 1621
91 Cal. App. 4th 962
96 Cal. App. 4th 497
105 Cal. Rptr. 483
105 Cal. App. 3d 859
178 Cal. App. 3d 1228
203 Cal. App. 3d 322
132 Cal. App. 3d 349
91 Cal. App. 3d 535
256 Cal. App. 2d 684
73 Cal. App. 3d 444
90 Cal. App. 4th 617
23 Cal. App. 4th 1428
8 Cal. 4th 121
46 Cal. App. 4th 1064
16 Cal. 4th 35
62 Cal. App. 4th 1182
35 Cal. App. 4th 880
25 Cal. 4th 826
44 Cal. App. 4th 205
12 Cal. App. 4th 59
46 Cal. 3d 1092
65 Cal. App. 4th 833
51 Cal. App. 4th 906
47 Cal. 2d 540
42 Cal. App. 4th 421
73 Cal. App. 4th 1032