Wagoner

Wagoner v. Wagoner

Good Law
176 Cal. App. 3d 936·1986 Cal. App. LEXIS 2495·222 Cal. Rptr. 479
Court of Appeal of CaliforniaJanuary 22, 1986No. G001232California2,197 words

Opinion

Lead Opinion

Crosby, J.

Does the superior court have jurisdiction to compel an attorney of record in a domestic action, who has not been formally joined as a party, to pay monies in accordance with the terms of a stipulated order in which he was designated to disburse the funds? Yes.

I

Philip Flickinger represented the husband in an action for legal separation. The parties stipulated to an order providing, “Community business, Desert Litho Printing, [is to] be ordered sold.” The “[p]roceeds from the sale of the community business, Desert Litho Printing, are to be deposited in [Flickinger’s] trust account to be distributed as agreed herein.” The agreement listed these disbursements: (1) “[Respondent to pay directly to petitioner’s parents, Mr. & Mrs. Don Brooks, via cashier’s check the sum of $7500.00 payable forthwith upon sale of the business.” (2) “[F]rom the proceeds of the sale of the community business . . . community debts not *939 to exceed $5,000.00 to be subtracted. ” And “for the purpose of accounting, ... the date July 12, 1983 [will] be the closing date for the community involvement in the business Desert Litho Printing.” (3) Wife “to receive from the sale of the business the sum…

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