Shami

Shami v. Shami CA2/1

Good Law
Court of Appeal of CaliforniaNovember 18, 2022B319824California4,414 words

Opinion

Opinion

Bendix, J.

BACKGROUND

On June 23, 2017, Omar filed a petition for dissolution of his marriage to Mina. The petition requested the family law court confirm as his separate property certain assets listed in an attached property declaration form. This included a house in Duarte (the Duarte house).

Because the parties share a last name, for clarity we refer to them by their first names. No disrespect is intended. The trial court in Mina’s action took judicial notice of Omar’s dissolution petition, but did not expressly take judicial notice of the property declaration form, which Omar provided to

2 Mina filed a response to the dissolution petition contending there were no separate property assets to be confirmed by the court. She requested that “[a]ll assets listed by Omar Shami as community and separate [property] be declared community property,” and “[a]ll rents collected by Omar Shami from the home listed in the property declarations be declared community property . . . .” Four years later, on June 28, 2021, while the dissolution action remained pending, Mina filed a complaint against Omar for quiet title and constructive trust concerning the Duarte house. The complaint alleged the…

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