Marriage of Stitt
Court of Appeal of California
147 Cal. App. 3d 579 (1983)
Mr. Stitt (defendant) and Mrs. Stitt (plaintiff) were married. Mrs. Stitt was employed as a manager for Zingo’s. During Mrs. Stitt’s employment, Mrs. Stitt embezzled money from Zingo’s. There was no evidence that Mr. Stitt benefitted from Mrs. Stitt’s embezzlement. Zingo’s sued Mrs. Stitt for fraud and misappropriation of funds. Mrs. Stitt was also tried and convicted of embezzlement from Zingo’s. Mrs. Stitt was ordered to pay Zingo’s restitution as a condition of her probation. Mrs. Stitt sold her separate property to pay the restitution. Two different law firms represented Mrs. Stitt in the civil and criminal suits. Mrs. Stitt owed the law firms for her attorney’s fees. Mr. and Mrs. Stitt owned a piece of property, the Hageman Road property, which was considered community property according to a premarital agreement between Mr. and Mrs. Stitt. The title to the Hageman Road property was in Mrs. Stitt’s name. After Mr. and Mrs. Stitt separated, Mrs. Stitt executed a trust deed on the Hageman Road property to the two law firms for the remainder of the fees owed. In the marital-dissolution proceeding, the trial court found that Mrs. Stitt’s obligations for the attorney’s fees were incurred during the marriage. The trial court held that the attorney’s fees were not a community debt and were solely Mrs. Stitt’s obligation. Mrs. Stitt appealed the trial court’s judgment.
Rule of Law
Holding and Reasoning (Woolpert, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.