Gross v. Gross

SHEA, J. pro tem.* The writ is sought to stay the enforcement of an interlocutory decree of divorce. The petitioner is the husband and the respondent is the wife.

After a lengthy and bitterly contested trial the court granted an interlocutory decree to the wife on the grounds of adultery and cruelty. The husband was denied any relief on his cross-complaint. Among other things the decree ordered the husband to pay to the wife forthwith; (1) $48,035.57, the wife’s share of community property, (2) $2,000 accountant’s [90]fee for services rendered in connection with the action, (3) $3,200 for investigation services in connection with the action, (4) $21,250 attorneys’ fees for the representation of the wife in the action, and (5) $500 per month alimony.

The decree divides the community property of the parties and awards to the wife as her separate property shares of stock in various companies and certain percentage rights in the profits of several business enterprises. It also distributes certain properties to the husband as his separate property. In addition to the division of the community property the decree declares certain properties of the parties to be the separate property of the respective spouses. Included in this classification are 5,253 shares of stock in Century Properties, Inc. As to this stock the court decreed that each of the parties is the owner of an undivided one-half interest.

The decree directs each of the parties to execute and deliver all papers necessary to transfer title in accordance with the decree.

In addition to defining the status of the various items of property and making a division thereof, the court specifically declared that the wife should have a lien upon the property of the husband to secure the payment of the moneys heretofore mentioned.

After notice of appeal was filed, two orders to show cause were brought before the court for hearing. One, in re contempt, was brought by the wife; the other, in re modification of the decree, was brought by the husband. They came on for hearing at the same time. The contempt was dismissed for lack of proof of ability on the part of the husband to comply, and the application for modification of the interlocutory decree was denied for the reason that the trial court lacked jurisdiction because of the pending appeal.

Shortly thereafter, the husband was served with an order to show cause, a temporary restraining order and a request for appointment of a receiver, seeking to compel the husband to deliver the stock in Century Properties, Inc., either to the clerk of the court or to a receiver. At the same time the husband was served with a summons and complaint in another action brought by the wife to partition the Century Properties, Inc., stock. In the partition action, an order to show cause was issued for a preliminary injunction and for the appointment of a receiver. Both of these orders to show cause were set for hearing on the same day. The husband then applied