CALIFORNIA FAMILY LAW
...Community Property Issues
......Fiduciary Duty
.........Duty to Disclose
9 Cards On This Topic:

Statutory duties of disclosure.

H breached his fiduciary duty by engaging in and not disclosing bitcoin transactions.

A fact is “material” within the disclosure statutes if knowledge of it would have given the other spouse the ability to request the court for protection or relief from it.

FC §1101 (g) and (h) remedies apply only to breaching spouse's nondisclosure or transfer of c/p assets, not s/p assets or community income spent before separation; remedies for breach cannot be duplicative.

H properly sanctioned for failure to immediately update disclosures and provide W with information regarding his financial dealings during dissolution.

Section 1101(h) does not provide a remedy when a spouse fails to disclose s/p; other remedies are available.

H cannot cite “clear and convincing proof” requirement for EC 662 purposes re W’s nonownership of beneficial title to condo, as that standard operates in trial, not appellate, court.

Caselist: Cases discussing failure to comply with fiduciary disclosure obligations.

W’s trial evidence properly excluded as a discovery sanction for her refusal to produce documents in discovery.