Brooks

Direct Capital Corp. v. Brooks

Good Law
14 Cal. App. 5th 1168·2017 Cal. App. LEXIS 756·222 Cal. Rptr. 3d 601
Court of Appeal of CaliforniaAugust 30, 2017C081349California2,797 words

Opinion

lead Opinion

Duarte, J.

*1170 Disregarding procedural asides raised by the parties, this appeal turns on the distinction between "necessaries of life" and "common necessaries of life" as those phrases are used in different parts of Family Code section 914, 1 and which of the two governs when a person is or is not liable for a debt incurred by a spouse. Here, the trial court found that a debt incurred by an attorney-spouse for office computer equipment was for the necessaries of life for that particular marriage, in part because that spouse's law practice generated community property income. We shall uphold this finding.

In the published portion of this opinion, we discuss the distinction between necessaries of life, and common necessaries of life. Although long extant, the distinction has not been recently discussed, and-as evidenced by the briefing in this case-can be confusing. (See Rules of Court, rule 8.1105(c)(3) & (8).) In the unpublished portion of this opinion, we consider and reject the non-debtor spouse's claim that we should interpret and apply the terms of a divorce judgment entered after the notice of appeal was filed, because issues arising from that judgment are more properly considered…

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