Myers v. Sup
Filed 3/23/06 Myers v. Sup. Ct. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| WILLIAM MYERS, JR., Petitioner, v. THE SUPERIOR COURT OF LOS ANGELES COUNTY, Respondent; JANINE EBERLE MYERS, Real Party in Interest. | B189054 (L.A.S.C. No. GD019970) OPINION AND ORDER GRANTING PEREMPTORY WRIT OF MANDATE |
ORIGINAL PROCEEDING; petition for writ of mandate. Nori Anne Walla, Commissioner. Petition granted.
Honey Kessler Amado for Petitioner.
No appearance for Respondent.
Freid and Goldsman, Gary J. Cohen and Chandra L. Melton for Real Party in Interest.
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The trial court erred in denying Petitioner William Myers's motion for release of monies paid pending appeal pursuant to a stipulated order.[1]
FACTUAL AND PROCEDURAL BACKGROUND
William and Janine separated after a 10-year marriage. A substantial amount of property was divided between the parties by stipulation. But a very substantial asset, Flextronics stock, was valued and distributed by the trial court (Hon. Richard Montes) after trial.
A Further Judgment on Reserved Issues entered on September 2, 2002, characterized the Flextronics stock as community property and decreed that William had breached his fiduciary duty to the community by placing a European Collar on the stock. As a penalty, the judgment gave all the stock to William, ordered him to pay Janine half of its value when William acquired the stock, ordered William to pay all taxes due on the transactions, and ordered William to pay Janine additional interest.
William appealed from the judgment, challenging the valuation and distribution of the Flextronics stock, the tax allocation, the penalties assessed against him, and the characterization of a portion of the Flextronics stocks as community property. Janine filed a protective cross-appeal, asking for a reexamination of support and attorney's fees in the event the property allocation was reversed on appeal.
On December 13, 2002, William and Janine signed an agreement in which William agreed to pay all contested sums due Janine to her counsel who, in turn, would release the money to the prevailing party 30 days after remittitur. As defined by the stipulation, the â€
