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See v. See

Supreme Court of California
415 P.2d 776 (1966)


Facts

Laurance See (plaintiff) and Elizabeth See (defendant) were married in 1941 and separated in 1962. Laurance was employed in the family business of See's Candies, Inc. (See’s Candies) and was president of See's Candy Shops, Inc. (See’s Candy Shops). Laurance had a personal account within See's Candies, into which Laurance's See's Candies salary of $60,000 was deposited and from which Laurance paid marital expenses. Laurance also had a separate account at another bank, which was comprised mostly of Laurance's separate property but supplemented by Laurance's $15,000 salary from See's Candy Shops. Laurance sometimes transferred funds from his separate security account to his personal account, which then paid marital expenses. As a result, both accounts were commingled with separate and community property over the course of the marriage. The trial court's order of divorce found that there was no community property at the time of separation, based on a finding that, over the course of the marriage, there had been more community expenses than community income. Elizabeth appealed the trial court's finding.

Rule of Law

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Issue

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Holding and Reasoning (Traynor, C.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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