Estes v. Estes

[95]

WHITE, P. J.

Defendant Robert S. Estes appeals “from that certain order made by the court in this action on January 4,1957 and entered on January 8,1957 . . . and from the whole thereof. ’ ’

The action is one for divorce and the order from which defendant appeals was made on hearing of order to show cause. It requires that defendant pay $750 auditing expenses incurred by plaintiff for examination of the books and accounts of corporations in which defendant has an interest and from which his income is derived.

It is appellant’s contention that the portion of the order requiring defendant to pay the expenses of said accountant must be reversed because “there is no evidence of any necessity for the examination of those records.” In this respect he cites and relies upon the decision in

Low

v.

Low,

143 Cal.App.2d 650, 654 [299 P.2d 1022], holding that the lower court therein erred in ordering the husband to pay plaintiff $500 on account of expenses of accountants. In the Low case, however, plaintiff wished to examine the books of a corporation wholly owned by defendant as his separate property. The only materiality of the evidence to be thus acquired would be to prove “husband’s ability to pay, about which he raised no question.”

In the instant action appellant husband urges that the court has ordered him to make payments beyond his income or other ability to pay. It is conceded that he claims partial ownership of three corporations. It is alleged by plaintiff that all of the stock of Bob Estes, a California corporation, is owned by defendant, who is the

alter ego

of said corporation; that said corporation owes defendant husband $40,000; and that said stock and debt are community property; that

6⅔

shares of stock (of a total of 20) of Rogers-Estes Engineering Corporation are owned by defendant as community property; that defendant owns 1,800 shares of Precision Motor Cars, a corporation, which is community property. Those allegations are denied by defendants husband, Precision Motor Cars, Rogers-Estes Engineering Corporation, and Bob Estes, a California corporation.