Marriage of Diamante and Hat CA3

BACKGROUND

Reading Michael’s brief is like being invited into a lengthy conversation midway. Much background is left unstated (or unsupported by reference to the record on appeal (Cal. Rules of Court, rule 8.204(a)(1)(C))), giving the contentions an unattached and purely theoretical flavor. Using Sharon’s brief and our own review of the record as guidance, we start with a summary of the proceedings in this case, but we recount many of the facts and the trial court’s findings in the Discussion as they become relevant. Michael and Sharon married in 1982 and divorced in 2000. They have four children, born in 1984, 1986, 1990, and 1993. In 2000, they stipulated in open court that Michael would pay Sharon child ($4,400) and spousal ($2,000) support totaling $6,400 per month. In July 2001, Michael, who owned grape vineyards and wineries, filed a chapter 11 bankruptcy petition. A dispute between Michael and Sharon arose concerning the proceeds from the sale of a property known as Vista Soledad. The proceeds, totaling $1,730,139.31, were in Sharon’s possession. Michael claimed the proceeds were community property, subject to the bankruptcy estate, while Sharon claimed the proceeds were…