Rosenthal v. Rosenthal

FOURT, J. —Jerome B. Rosenthal, an attorney, has filed appeals from two orders of the superior court issued after a final appellate determination which settled his financial obligations to his former wife pursuant to a decree of divorce. He appeals from an order of October 5, 1966, denying him permanent restraining orders against collection of certain amounts and an order of December 6, 1966, charging his law partnership interest for these obligations.

The appellate court previously affirmed orders of the trial court which awarded costs on appeal in the original divorce action to Jerome’s former wife, Ruth; directed the court-appointed receiver to pay from community funds Ruth’s counsel fees, costs and accountant’s fees; and directed that Jerome pay from his share of 'the community property the amount of $3,000 pursuant to an earlier order. (Rosenthal v. Rosenthal, 240 Cal.App.2d 927 [50 Cal.Rptr. 385].) The court of appeal also modified the trial court’s order to delete from community liabilities approximately $25,000 alleged as Jerome’s share of his law partnership deficit and to add $10,467.58 as his share of the law partnership net worth; the court further ordered Jerome to pay Ruth out of current earnings the value of her share of the law partnership interest with interest from the date of the interlocutory judgment.

Following the return of the remittitur, Ruth’s counsel threatened to attempt, to collect the sums due under the court’s order from whatever sources might be available, whether community or separate. Jerome obtained a temporary restraining order to prevent Ruth’s counsel from proceeding as threatened. At the hearing on the permanent injunction Jerome attempted to prove: (1) that by his own accounting he had, since the date of the divorce, advanced to the community from separate funds about $73,000 which benefited Ruth, and (2) that Ruth had taken at the time of their separation and continued to use community personal property valued in excess of $6,000. These contributions he claimed should be credited against his obligations under the court order. The court thereafter entered its order restraining Ruth’s counsel from levying upon Jerome’s property to collect attorney fees, court costs, accountant’s fees, and the $3,000 claim, all properly payable from property in the hands of the receiver, but denied such order as to the appeal costs [344]($7,572.70) and Ruth’s interest in the law partnership ($5,233.79).

Accordingly, Ruth noticed a motion for a charging order to collect from Jerome’s law partnership interest the $1,753.47 balance of her appeal costs (the clerk having paid over $5,819.33 earlier deposited by Jerome for this purpose) and the $5,233.79 representing her one half of the value of the law partnership interest. Jerome once again contended and attempted to prove that the value of his advances and Ruth’s use of personal property exceeded and should be applied to satisfy these obligations. The court nonetheless entered its order charging his law partnership interest with the full amount of both of these debts. Prom each of the foregoing court orders Jerome appeals.