DeLong v. Miller

DORAN, J.

The defendants herein are appealing from an order “refusing to enjoin or restrain Vincent J. Blumberg (respondent’s attorney) from participating thereafter, directly or indirectly,” in this proceeding. According to appellants’ brief, this appeal is concerned “with the problem of whether a man (Attorney Blumberg), once attorney for Fred (A. Miller, appellant), can now some years later be attorney for the former wife of Fred (now Jennie V. DeLong, respondent).”

It appears that the respondent and the appellant Fred A. Miller were married on July 2, 1927, that there are two chil

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dren now of age, and that on October 5,1944, a default divorce decree, at the suit of the husband was entered in Los Angeles County. In this action the husband was represented by Attorney Burke Mathes.

The present complaint, filed for the wife, Jennie B. (Miller) DeLong, on July 13, 1953, by Attorney Vincent J. Blumberg, is denominated “Complaint for an accounting and division of community property; for rescission and cancellation of an alleged assignment; to declare a trust and other equitable relief or damages and declaratory relief, etc.” It alleges that at the time of marriage Fred A. Miller “neither owned or possessed any property, apart from a small sum of money and some personal belongings”; that Miller was engaged in “many and varied oil well drilling and leasing activities and ventures ’ ’ in California.

The complaint further- alleges that the wife had no experience in business matters and relied upon the husband’s integrity ; that previous to the divorce Miller represented “that he was willing to and would, divide equally with her, all of the community property,” and “that the only community property then existing, consisted of the four room house in which she was then living at Templeton (San Luis Obispo County) and its meagre furnishings,” and that all community property “was worth not more than $5,000.00.” Belying on these representations, the wife consented to the proposed division, retaining the family home and causing “a cash payment in the amount of $2,500.00 to be made to said defendant, believing it to be as and for, his one-half of the then existing community property.”

It is then alleged that at the time mentioned the wife ' ‘ did not consult an attorney, was not aware of her legal rights ’ ’; that “unbeknownst to her,” the husband had, during the marriage, acquired various other items of community property consisting of oil leases, etc., of the value of not less than $675,000, the income from which has not been less than $7,500 per month; that the husband had variously schemed and planned by assignments and otherwise, to defraud the plaintiff of any share therein.