Marriage of Zellet CA2/6

FACTS AND PROCEDURAL BACKGROUND

Donald and Marilyn separated on May 1, 2005. Donald petitioned for dissolution on May 17, 2010. The summons served with the petition contained the ATROs, restraining both parties “from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of 2 life . . . .” (Fam. Code, § 2040, subd. (a)(2); see Goold v. Superior Court (2006) 145 Cal.App.4th 1, 3.) During the marriage, Donald invested in an offshore joint venture known as “Pagoda.” In April 2011, Donald received a distribution of $1,056,000 from the Pagoda venture. Donald immediately gave Marilyn $110,000 in cash and a car, which had a value of $25,000. He told her he had not received the full amount and implied that he was being generous by giving her the $110,000. At trial, Marilyn testified that she repeatedly asked Donald, orally and in writing, for her half of the proceeds in cash. Donald refused, responding instead “I’ll take care of you’ or ‘don’t be a…