Defendant's Attorney:

Description: Sacramento, California family law divorce lawyers represented the parties.


We conclude in this case that the remedies for breach of fiduciary duty by one spouse provided in Family Code section 1101 [1] also apply to putative spouses, and that the "documented evidence" in section 4320 is a writing within the meaning of Evidence Code section 250.

This consolidated appeal arises from the parties' marital dissolution proceedings. Petitioner Daniel Gilbert-Valencia (husband) contends that the family court erred in (1) awarding 100 percent of the net proceeds from the sale of the parties' quasi-marital property to respondent Kate McEachen (wife); (2) excluding evidence of domestic violence perpetrated by wife; and (3) retroactively modifying the tax deductibility of spousal support payments made by husband.

We agree with husband's first two contentions and accordingly remand the matter, directing the family court to reconsider the division of quasi-marital property and spousal support, including the tax deductibility of spousal support payments made by husband.
Gilbert-Valencia v. McEachen (In re Marriage of Gilbert-Valencia), C091292, C094849 (Cal. App. Dec 29, 2023)

Outcome: Reversed.

Plaintiff's Experts:

Defendant's Experts:

Comments: