Marriage of Pesner
This is an appeal from a judgment in a divorce case involving a marriage that lasted just short of five years. Appellant Gary Pesner challenges four aspects about the judgment: (1) He claims the court should have joined two businesses to the dissolution proceeding in which the marital community had an interest, namely the Goldman-Pesner partnership (GP) and the IPR Fund III, LLC (IPR). (2) He claims that the trial court erred in charging him with the postseparation receipt of $137,000 of community funds without taking into account evidence that he repaid most of the money. (3) He claims that he should have received credit for $140,000 of separate property that he claims he contributed to the family home on Ridgewood Place in Yorba Linda. (See Fam. Code, § 2640, all further statutory references are to that code.) And (4) he claims the trial court abused its discretion when it imposed attorney fee sanctions of $40,000, payable at the rate of $750 a month for his conduct in frustrating the policy of the law to promote settlement or otherwise facilitate cooperation between the parties and their attorneys. (See § 271.) Challenges (1) and (3) have been waived by failure to raise the relevant arguments in the trial court. Challenges (2) and (4) fail on their merits.
Comments on Marriage of Pesner