In Re Marriage of Mason

Application of the res judicata principle compels affirmance of the trial court’s postjudgment order denying Raymond L. Mason’s (husband) motion to adjudicate an alleged “omitted” asset. We impose attorney fees for this frivolous appeal. (Fam. Code, § 271.) Hopefully, this published opinion will deter husband and others from bringing repetitive challenges to the trial court’s orders.

On March 26, 1993, husband and Marjorie Mason (wife) agreed to dissolve their marriage. Wife, age 65, operated a residential care facility, the Mason Home Care Facility, at home and closed the business due to her ill health. The parties, by stipulated judgment, allocated $1.6 million in separate and community property to husband and $574,000 in assets to wife. Husband was awarded the family residence. Wife received the business account ($6,774), a computer, and a station wagon. The stipulated judgment provided: “Husband shall pay to Wife as monthly spousal support the sum of $5,500 for the months of April, May, and June, 1993. . . . After that date, each of the parties irrevocably waives the right to receive spousal support from the other. . . .” Judgment was entered April 19, 1993.

Two…