Schnabel

Schnabel v. Superior Court

Good Law
1993 Cal. App. LEXIS 1316·21 Cal. App. 4th 548·26 Cal. Rptr. 2d 169·93 Daily Journal DAR 16633·93 Cal. Daily Op. Serv. 9767
Court of Appeal of CaliforniaDecember 28, 1993G013683California1,989 words

Opinion

Opinion

Sonenshine, J.

I

Sometimes breaking up is hard to do. Such is the case here. Indeed, this is the third opinion we have written, and the Supreme Court has also authored one. (Schnabel v. Superior Court (1993) 5 Cal.4th 704 [ 21 Cal.Rptr.2d 200 , 854 P.2d 1117 ].) And still the parties are married.

“The relevant facts are undisputed. Terry and Marilyn Schnabel separated in 1991 after 25 years of marriage. Marilyn petitioned for a dissolution of the marriage, and requested spousal support, determination of property rights, and attorney fees. There were no minor children of the marriage. Terry is employed by and is the record shareholder of 750 shares, approximately 30 percent of the stock, of Orange Container, Inc. (Orange Container), a close corporation. The stock is community property. A third party owns the remainder of the stock. Marilyn hired a certified public accountant to appraise the corporation’s value and to ascertain Terry’s remuneration and benefits. [][] After informal attempts at discovery were unsuccessful, Marilyn served a deposition subpena for production of business records on the custodian of records of Orange Container pursuant to Code of Civil Procedure section…

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