CALIFORNIA FAMILY LAW
...Community Property Issues
......Misappropriation
10 Cards On This Topic:

Trial court not required to make equal division of c/p where one party misappropriated assets. Additional award equal to amount misappropriated permitted.

If damages due to breach of fiduciary duty arise from oppression fraud or malice damages can be 100% of undisclosed or transferred asset.

Trial court not required to make equal division of c/p where one party secreted and misappropriated assets. Additional award equal to amount misappropriated permitted.

Gross mismanagement not misappropriation.

Nonemployee W is without remedy if employee H leaves employment before pension vests with intention to deprive W of her c/p share.

Use of c/p to purchase alcoholic beverages not a misappropriation.

Misappropriation requires calculated thievery, not mere negligence.

Use of c/p funds after separation to support third party is misappropriation.

Finding of misappropriation affirmed, based upon H's inconsistent and deducibly false testimony.

H properly ordered to reimburse c/p for assets disposed of after separation even though H acted in good faith belief that they were his s/p.