Marriage of Williams CA1/4

Filed 5/28/25 Marriage of Williams CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

In re the Marriage of Yolanda and Damon Williams.

YOLANDA WILLIAMS, Respondent A170306 v. (Contra Costa County DAMON WILLIAMS, JR., Super. Ct. No. D05-06013) Appellant, SAN FRANCISCO EMPLOYEES RETIREMENT SYSTEM, Respondent.

MEMORANDUM OPINION1 In January 2007, a judgment was filed terminating the marriage of Damon Williams, Jr. and Yolanda Williams.2 In July

1 We resolve this case by a memorandum opinion pursuant

to California Standards of Judicial Administration, section 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853–855.) 2 We refer to the parties by their first names to avoid

confusion. No disrespect is intended. (See Askew v. Askew (1994) 22 Cal.App.4th 942, 947, fn. 6.)

2008, a Qualified Domestic Relations Order (QDRO) was entered in these proceedings providing for the division of Yolanda’s community property interest in Damon’s retirement benefits with the San Francisco Employees’ Retirement System (SFERS). Under the QDRO, Yolanda’s benefits are to be determined by various future employment events and related elections. Yolanda died in August 2008, without having made any elections regarding her community property interest in Damon’s retirement benefits. Under the terms of the 2008 order, “if Non- member has not yet made any election, and Non-member predeceases Member, Non-member’s Community Property Interest in Member’s monthly retirement allowance shall be paid to Non-member’s estate for as long as a monthly retirement allowance is payable to Member.” In April 2021, Damon retired, at which time SFERS began withholding 13.08 percent of his monthly disbursement to account for Yolanda’s community property interest. SFERS informed Damon that the amount being withheld would be paid to Yolanda’s estate. On June 2, 2023, Damon obtained an order from the trial court finding that he had “satisfied his community property obligation to the estate of Ms. Yolanda Williams” and terminating his obligations under the QDRO (hereafter “Termination Order”). Shortly thereafter, Damon wrote to SFERS requesting that it immediately stop withholding any amounts from his monthly benefits and issue a refund of any overpayment of benefits to