Marriage of Safaie and Khashayar CA1/1

I. BACKGROUND

In July 2012, Safaie filed a request for an order to set aside the judgment of dissolution of her marriage to Khashayar on grounds of fraud and misappropriation of quasi-community assets. In a declaration submitted with the request, Safaie explained she and Khashayar were married in Iran in the 1960’s. At some point, they emigrated to the United States, and they divorced in 1987, when Khashayar decided to return to Iran. In 1991, they reconciled and remarried, but Safaie obtained a default judgment of dissolution in 1993. At the time, Safaie believed the only asset of the community was a family home in Lafayette. In January 2012, Safaie stated, Khashayar was deposed in a lawsuit filed by her brother, Reza. A portion of what purports to be the deposition transcript was attached to Safaie’s declaration. In it, Khashayar states that he gave $144,000 to Reza at an unspecified time while he was married to Safaie. The source of a portion of the funds was the sale of a house in Iran owned by Khashayar and Safaie that they had “both lived in.” The date of the sale is not stated in the deposition. The remainder of the money paid to Reza came from money Khashayar had saved…