Modification: Marriage of Motiska and Ford

In re Marriage of DALE MOTISKA and CAROLINE FORD.

DALE MOTISKA,

Appellant,

v.

CAROLINE FORD,

Respondent.

A166543

(Solano County Super. Ct.

No. FFL122184)

California Courts of Appeal

First Appellate District

Division Four

Filed November 29, 2023

ORDER MODIFYING OPINION

AND DENYING REHEARING;

NO CHANGE IN JUDGMENT

BY THE COURT:

It is ordered that the opinion filed herein on November 8, 2023, be modified as follows:

1.        On page 2, in the first full paragraph, in the first sentence, replace "contribution" with "reimbursement" so the sentence reads:

We publish our opinion resolving this appeal because the principal question raised here---whether a spouse's sale of property to the marital community for the nominal amount of $1 constitutes a de facto gift, triggering a right to reimbursement under section 2640---is a matter of first impression.

2.        On page 10, in the last paragraph, in the first sentence, replace "Buxup Corp" with "Buxup" so the sentence reads:

Ford argues that substantial evidence supports the trial court's implied finding that the sale of Neon Palm to Buxup fairly reflected its value to Motiska at the time of the sale.

There is no change in the judgment.

The petition for rehearing is denied.

Dated: November 29, 2023

BROWN, P. J.

Trial Court: Superior Court of California, County of Solano

Trial Judge: Hon. Dora M. Rios

Counsel: C. Athena Roussos; Law Offices of Michael L. Gums and Michael L. Gums, for Appellant.

Montagna Family Law and Stephen A. Montagna, for Respondent.