CALIFORNIA FAMILY LAW
...Community Property Issues
......Fiduciary Duty
.........Duty to Disclose
7 Cards On This Topic:

Statutory duties of disclosure.

FC §1101 (g) and (h) remedies apply only to breaching spouse's nondisclosure or transfer of c/p assets, not s/p assets or community income spent before separation; remedies for breach cannot be duplicative.

H properly sanctioned for failure to immediately update disclosures and provide W with information regarding his financial dealings during dissolution.

Section 1101(h) does not provide a remedy when a spouse fails to disclose s/p; other remedies are available.

H cannot cite “clear and convincing proof” requirement for EC 662 purposes re W’s nonownership of beneficial title to condo, as that standard operates in trial, not appellate, court.

Caselist: Cases discussing failure to comply with fiduciary disclosure obligations.

W’s trial evidence properly excluded as a discovery sanction for her refusal to produce documents in discovery.