DANIEL v. JANIE
Filed 6/30/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION TWO
| DANIEL PETER LEVIN, Plaintiff and Appellant, v. JANIE LEE LIGON et al., Defendants and Respondents. | A109477 (San Francisco City & County Super. Ct. No. 306069) |
Daniel Peter Levin sued his former wife, Janie Lee Ligon, and Levi Strauss & Co. for civil partition of financial assets held in Ligon's name, which included five Levi Strauss & Co. plans (Levi Strauss plans).[1] Levin appealed from the judgment after the trial court granted summary judgment in favor of Ligon and also granted the motion for judgment on the pleadings by Levi Strauss & Co. and the Levi Strauss plans (collectively, Levi Strauss).
In his partition action against Ligon, Levin asserted that their marital dissolution in England did not resolve his community property interest in certain pension and savings plans and accounts held in Ligon's name. The trial court found that Levin's prior legal malpractice action in England, which he settled after asserting that he had lost his right to any interest in the financial assets held by Ligon and accumulated during their marriage, estopped him from claiming a community property interest in these same assets. In making this determination, the trial court applied the test for judicial estoppel set forth in Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171 (Jackson) and considered evidence that included various documents from Levin's legal malpractice lawsuit in England. On appeal, Levin challenges the court's consideration of these documents and its application of the Jackson test. We reject Levin's contentions and uphold the lower court's ruling.
Levin also appeals from that portion of the judgment that granted Levi Strauss's motion for judgment on the pleadings. However, since Levin's opening brief in this court is devoid of any argument or issue relevant to Levi Strauss, we conclude he has waived raising on appeal any argument against Levi Strauss.
BACKGROUND
Levin and Ligon married in California in 1971. While in California, they divorced in 1978 and remarried on December 31, 1981. The couple moved to England in 1994. Ligon held a senior position with Levi Strauss & Co. in London. Levin and Ligon separated in April 1995 while still residing in England; an English court dissolved their marriage on December 20, 1995.
In February 1996, Levin hired an English law firm, Aaronson & Co. (Aaronson), to represent his interests in recovering his share of the couple's real and personal property. On March 11, 1996, Levin married an English woman named Allison Beatt.
Both Levin and Ligon filed an application in England for adjudication of certain property rights. In addition to an interest in certain real property owned by the couple, Levin sought a share of Ligon's financial assets, including the Levi Strauss plans. These personal assets are referred to as ancillary relief in English law. Levin, however, learned that under the Matrimonial Causes Act 1973, section 28(3) his marriage to Beatt barred his claim for ancillary relief against Ligon.
Section 28(3) of the Matrimonial Causes Act 1973 provides that, â€
