Marriage of Wellman an dZiino CA1/1

I. BACKGROUND

Ziino and Wellman were last before this court in 2012. (See Ziino v. Wellman (May 4, 2012, A131473) [nonpub. opn.].) As we related then, these two lived together from 1994 through 2002. Although never married, they were romantically involved and had a child. In 2001, as the two were unwinding their relationship, Wellman gave Ziino two due-on-demand promissory notes. The notes obligated Wellman to pay Ziino a total of $800,000 (one note was for $300,000 and the other for $500,000) on a future due date of Ziino’s choosing, or if Wellman should happen to file for bankruptcy. The notes came due in short order when Wellman filed for bankruptcy in 2002. (Ibid.) Our earlier decision addressed whether Ziino could enforce the notes against Wellman. We agreed with the trial court that an April 2007 bankruptcy court order allowing Ziino’s creditor’s claim based on the notes was res judicata and established the notes could be enforced in a breach of contract action. We therefore affirmed the trial court’s money judgment, in civil case No. DR090139, in favor of Ziino on the notes. (Ziino v. Wellman, supra, A131473.) Although the purpose of the notes was immaterial to our…