Marriage of Creary
In this proceeding involving the dissolution of a lengthy marriage, the husband, Lewis G. Creary, petitioner below (Lewis), and the wife, Eleanor G. Creary, respondent below (Eleanor),[1] entered into a stipulation for entry of judgment as to status only in December 2004. Thereafter, the parties attended a settlement conference in September 2005 in which they agreed, inter alia, that Lewis would pay Eleanor $260,000 for her interest in the community residence. There was a recital on the record at the conclusion of the settlement conference, agreed to by the parties, that [a]ll other assets . . . will be awarded to the party who has that asset in [his or her] current possession. Lewiss attorney thereafter prepared a draft stipulated judgment purporting to confirm the parties agreement concerning the division of assets. Eleanors counsel objected to the draft, contending that it failed to divide the parties community property interests in Hewlett Packard (HP) and Agilent Technologies (Agilent) stock and certain HP stock options. (Hereafter, the HP stock and stock options and Agilent stock are sometimes collectively referred to as the HP and Agilent stockholdings.) Her counsel asserted that this property had an aggregate value of more than $425,000 and requested that the proposed stipulated judgment be modified to reflect an equal division of these assets. Lewiss attorney rejected this modification request.
The order denying both Eleanors motion to set aside judgment pursuant to Code of Civil Procedure section 473(b) and her alternative motion to adjudicate omitted marital assets under Family Code section 2556 is affirmed.
Comments on Marriage of Creary