Marriage of Rafipoor CA4/3

FACTS AND PROCEDURAL BACKGROUND

In December 2003, the trial court entered a judgment dissolving the parties’ 17-month marriage. The judgment incorporated the terms of a 19-page MSA signed by the parties and their attorneys. Paragraph 2 of the MSA states “its purpose is to make a final and complete settlement of all rights and obligations between the parties.” They stipulated that each had “read this Agreement thoroughly,” were “fully aware of the contents, legal effect, and consequences,” “completely informed as to the facts relating to the subject matter . . ., and as to the[ir] rights and liabilities,” had “given careful and mature thought to the making of th[e] Agreement,” and “[f]ully and completely underst[oo]d[] each provision . . . .” The MSA also declared it was “the final, complete and exclusive agreement of the parties concerning the subject matters covered.”

2 The MSA identified and divided the parties’ community assets and debts and listed each spouse’s separate property interests. The parties mutually warranted that they had disclosed all known community assets and liabilities, neither had made “undisclosed gifts or transfers . . . of any community assets,” and each…