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Marriage of Connolly

Supreme Court of California
591 P.2d 911 (1979)


Facts

As part of the community-property distribution part of her divorce proceeding, and at her request, Mrs. Connolly (plaintiff) received a promissory note for the value of her one-half interest in Amdahl Corporation (Amdahl) stock, which was assigned to Mr. Connolly (defendant). At the time of the trial court’s award of the Amdahl stock and promissory note, Amdahl was not a public company. The Amdahl stock was considered a high-risk investment that did not pay any dividends. At a later time, Amdahl became a public company, and the value of Amdahl stock rose dramatically. Mrs. Connolly, who also had custody of the parties’ two young children, filed a motion to reopen the judgment, alleging that, under Marriage of Brigden, 145 Cal. Rptr. 726 (1978), the trial court erred in not dividing the Amdahl stock in kind at the time of the divorce. The trial court denied Mrs. Connolly’s motion, and Mrs. Connolly appealed.

Rule of Law

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Issue

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Holding and Reasoning (Richardson, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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