Kennedy v. Taylor

Opinion

WIENER, J.

Plaintiffs Martin A. and Sharon L. Kennedy (the Kennedys) appeal the judgment in favor of defendant Loretta Taylor. We conclude the trial court correctly found Loretta’s separate property residence was not subject to her former husband’s separate debt and affirm the judgment.

This is a judgment roll appeal based on a clerk’s transcript. Consequently, “every presumption is in favor of the validity of the judgment and any condition of facts consistent with its validity will be presumed to have existed rather than one which will defeat it. [Citation.] The sufficiency of the evidence to support the findings is not open to review. [Citation.]”

(Wheelright

v.

County of Marin

(1970) 2 Cal.3d 448, 454 [85 Cal.Rptr. 809, 467 P.2d 537], app. dism. and cert. den., 400 U.S. 807 [27 L.Ed.2d 37, 91 S.Ct. 65].) Furthermore, “[t]he trial court’s findings of fact and conclusions of law . . . are presumed to be supported by substantial evidence and are binding upon us, unless the judgment is not supported by the findings or reversible error appears on the face of the record. [Citations.]”

(Krueger

v.

Bank of America

(1983) 145 Cal.App.3d 204, 207 [193 Cal.Rptr. 322]; see generally 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, §§ 235, 236-240, 373, 399-401.)

As reflected in its tentative decision and judgment, the trial court’s findings of fact and conclusions of law are as follows: Loretta and Ralph were separated, were living apart with no expectation of reconciliation and were contemplating a dissolution of their marriage when Ralph executed a promissory note to the Kennedys. The note was for a post-separation investment unrelated to the community. Ralph executed the note without Loretta’s consent. The Kennedys were not led to believe Loretta acquiesced in the loan. Frederick and Virginia Foltz, husband and wife, cosigned the note along with Ralph. Sometime before Ralph signed the note, he and Loretta agreed to a division of their community property, including their residence. Two days after signing the note, Ralph quitclaimed his interest in the residence to Loretta pursuant to the terms of their earlier property settlement agreement. The quitclaim transaction thus memorialized the previous transmutation of Ralph’s and Loretta’s community residence into the separate property of Loretta. (See