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Case Name | Raphael vs. Bloomfield | |
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Date | 11/21/2003 | |
Note | Only that portion of an Award attributable to disability or medical expenses during the marriage is community property. | |
Citation | 113 Cal.App.4th 617 | |
WCC Citation | WCC 29672003 CA |
GILMORE E. RAPHAEL, Plaintiff and Respondent, v. JUNE S. BLOOMFIELD, Defendant and Appellant. Law Office of Peter I. Bersin, Peter I. Bersin; Drucker & Steinschriber and Stephen Marc Drucker for Plaintiff and Respondent. At trial, the only contested issue was whether the workers' compensation awards each spouse received were community property. The court ordered wife to pay husband $155,929. 52, i. e. , one-half of wife's lump sum award. Ordinarily, "[t]he theory upon which a case was tried in the court below must be followed on appeal. "
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