Marriage of Zellet CA2/6

Filed 8/18/16 Marriage of Zellet CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

In re Marriage of DONALD and 2d Civil No. B268640 MARILYN ZELLET. (Super. Ct. No. 1343575) (Santa Barbara County)

DONALD ZELLET,

Appellant,

v.

MARILYN ZELLET,

Respondent.

Donald Zellet and Marilyn Zellet were married for 35 years.1 After they separated, Donald received $1,056,000 from a community property investment. Without Marilyn’s knowledge or approval, he spent most of the money on the parties’ three adult children and other expenses. The trial court found that Donald had violated the automatic temporary restraining orders (ATROs) and ordered him to pay Marilyn her half of the investment, along with her attorney fees and costs. It also rejected his belated request for spousal support. We affirm.

1 Hereafter, we refer to the parties by their first names to avoid confusion. No disrespect is intended.

FACTS AND PROCEDURAL BACKGROUND Donald and Marilyn separated on May 1, 2005. Donald petitioned for dissolution on May 17, 2010. The summons served with the petition contained the ATROs, restraining both parties “from transferring, encumbering, hypothecating, concealing, or in any way disposing of any property, real or personal, whether community, quasi-community, or separate, without the written consent of the other party or an order of the court, except in the usual course of business or for the necessities of 2 life . . . .” (Fam. Code, § 2040, subd. (a)(2); see Goold v. Superior Court (2006) 145 Cal.App.4th 1, 3.) During the marriage, Donald invested in an offshore joint venture known as “Pagoda.” In April 2011, Donald received a distribution of $1,056,000 from the Pagoda venture. Donald immediately gave Marilyn $110,000 in cash and a car, which had a value of $25,000. He told her he had not received the full amount and implied that he was being generous by giving her the $110,000. At trial, Marilyn testified that she repeatedly asked Donald, orally and in writing, for her half of the proceeds in cash. Donald refused, responding instead “I’ll take care of you’ or ‘don’t be a brat’ or ‘perhaps the b word won’t come up.’” Donald admitted he was “not too sure exactly when or even if [he] gave her details of how much money [he] had as it was going along.” He testified, “I know that she knew that there was a sale and I know she knew the total of what I was going to get . . . and it was there for her to know.” But when asked when Marilyn learned the details of the Pagoda transaction, he responded, “You got me. I don’t know.” The trial court found Donald’s testimony “to be evasive and to lack credibility.” Donald conceded that if he had read the ATROs and had not “forgotten about the divorce” he started, “Marilyn would have gotten half right away.” Instead, he spent all the remaining Pagoda proceeds on gifts for the parties’ adult children and on “multiple vehicles, out of country trips, prepayment of rent, losses from ill-advised