Hill

Hill v. Dittmer

Good Law
136 Cal. Rptr. 3d 700·202 Cal. App. 4th 1046
Court of Appeal of CaliforniaDecember 19, 2011No. B226017California4,530 words

Opinion

Lead Opinion

Perren, J.

Sandra Hill and Thomas Dittmer are ending their seven-year marriage. Because each had brought considerable personal wealth to the marriage, Dittmer insisted that they enter into a premarital agreement (Agreement). Hill agreed and had her attorney draft the document including additions and revisions requested by Dittmer’s counsel. Dittmer and Hill signed the Agreement on the day of the wedding, prior to the ceremony.

In 2008, Hill filed for dissolution of the marriage. In the ensuing proceedings, Hill challenged the validity of the Agreement, alleging that it was the product of Dittmer’s fraudulent representations concerning his personal worth. In an effort to establish this fact, Hill sought discovery of the nature and value of Dittmer’s assets, both at the inception of the marriage and its dissolution. The trial court permitted limited discovery, sustaining many of Dittmer’s objections. The court found the Agreement to be valid and certified the issue for immediate appeal.

Hill asserts the trial court erred because (1) she is not bound by the Agreement as Dittmer misrepresented his wealth, (2) denial of her request for additional discovery of Dittmer’s wealth was an…

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