Marriage of Anadolian
Filed 4/24/06 Marriage of Anadolian CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977 .
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| In re the Marriage of OSAN and GARO ANADOLIAN. ________________________________________ OSAN ANADOLIAN, Appellant, v. GARO ANADOLIAN; ANTRANIK ANADOLIAN, as Trustee, etc., Respondents. | B179201 (Super. Ct. No. BD 391738) |
APPEAL from an order of the Superior Court of Los Angeles County. Reva G. Goetz, Commissioner. Reversed with directions.
________
Lipton & Margolin and Hugh A. Lipton for Appellant.
Klahs & Hedwall and Donald R. Klahs for Respondent Garo Anadolian.
Poole & Shaffery, David S. Poole and Brian E. Koegle for Respondent Antranik Anadolian.
_________
In this divorce action, we conclude that the family law court erroneously dismissed the wife's quiet title action against a third party. We reverse the order of dismissal and remand with directions.
BACKGROUND
Family Code section 2021[1] permits the discretionary joinder in a divorce proceeding of third parties who possess, control, or claim to own any property subject to the family law court's jurisdiction. In this divorce case, the wife, appellant Osan Anadolian, contends that her husband, respondent Garo Anadolian, wrongfully transferred property belonging to the community estate -- a home in La Crescenta (the Hawkridge Property) and commercial property in Fresno (the Shaw Property) -- to his brother, respondent Antranik Anadolian, as trustee for the Anadolian Trust and the Anadolian Family Trust. (Given that the parties share the same last name, we will refer to them by first names with no disrespect intended.)
Osan filed three separate and concurrent motions to join Antranik and the two trusts under section 2021 and, as required by rule 5.156(a) of the California Rules of Court, attached to her motions a proposed complaint against Antranik and the two trusts to quiet title to the Hawkridge and Shaw Properties. In the proposed complaint, Osan alleged that Antranik is the trustee of the trusts to which Garo wrongfully transferred both properties â€
