Fong Hong May v. Fong Wan

333 P.2d 797, 166 Cal. App. 2d 706, 1959 Cal. App. LEXIS 2537
CourtCalifornia Court of Appeal
DecidedJanuary 5, 1959
DocketCiv. 17929
StatusPublished
Cited by5 cases

This text of 333 P.2d 797 (Fong Hong May v. Fong Wan) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fong Hong May v. Fong Wan, 333 P.2d 797, 166 Cal. App. 2d 706, 1959 Cal. App. LEXIS 2537 (Cal. Ct. App. 1959).

Opinions

KAUFMAN, P. J.

This is an appeal from a judgment and decree of the Superior Court of Alameda County, granting a divorce to respondent Mrs. Helen Fong, also known as Fong Hong May. Mrs. Fong filed her complaint for divorce on the grounds of extreme cruelty in February 1954, and requested custody of the four minor children, support and maintenance for herself and the children, an equitable award of community property, attorneys fees and expense money. Appellant Dr. Fong Wan, also known as Fong Poy (hereafter referred to as Dr. Fong), answered and also cross-complained for divorce on the grounds of extreme cruelty. By order of the court, [708]*708Mrs. Pong was permitted to file a supplemental complaint which alleged that the two adult sons of Dr. Pong’s first marriage, Richard and Edward, held in trust certain community-property located in Oakland, which had been transferred to them without consideration and in fraud of Mrs. Pong’s rights. The wives of Richard and Edward, Gracina and Amy, respectively, were also added as defendants to determine their claims. The supplemental complaint further named as party defendant, Leslie N. McReynolds, an accountant for Dr. Pong, and alleged that McReynolds had been named as trustee under a deed of trust by which Richard and Edward claimed a lien against certain community property, located in San Francisco, and that this deed of trust was given without consideration and in fraud of Mrs. Pong’s rights. McReynolds is not a party to this appeal.

Richard and Edward denied Mrs. Pong’s allegations, and by cross-complaint, sought to quiet title to the various properties in their names. Mrs. Pong answered with a denial; Dr. Pong with a disclaimer of any interest in the properties. After 11 days of trial, the court made findings of facts and conclusions of law, ordered Richard and Edward to refrain from disposing of the Oakland properties or using any of the rentals therefrom, and entered an interlocutory judgment and decree of divorce in favor of Mrs. Pong.

Dr. Pong, his sons Richard and Edward, and their wives appeal therefrom, contending that: (1) the trial court failed to make findings on all material issues; (2) the evidence is insufficient to support the findings and judgment; (3) the court erred in its determination of the community property of the parties and made an unjust, inequitable, arbitrary, and capricious division of such community property.

The parties were married on September 27, 1925, and separated on February 18, 1954. During the course of the marriage, Dr. Pong had been engaged in 25 to 30 businesses of different kinds, including night clubs and restaurants in San Francisco and Oakland, and his own business as a Chinese herb doctor in both cities. These business ventures were determined to be a part of the community property and awarded in their entirety to him. Dr. Pong had also acquired real property holdings of an approximate gross value of $1,350,000. These properties were awarded to Mrs. Pong, subject to outstanding federal and state tax liens in excess of $1,000,000. Of the eight children of the marriage, four were minors at the time of the trial. Mrs. Pong received cus[709]*709tody of the children. This portion of the judgment is not challenged by the appellants.

At the time of the trial, Dr. Fong was delinquent for $12,700 in support and maintenance payments for Mrs. Fong and the children and $750 in accounting fees in violation of a court order. In further violation of court orders, Dr. Fong did not keep up the premium payments on certain life insurance policies. At the trial, Dr. Fong clearly indicated that he had no intention of complying with any court order with which he did not agree, and refused to sign bonds for the support of his minor children.

After a careful perusal of the voluminous record and briefs, we conclude that appellants’ contentions are devoid of merit. Bather, the trial court is to be commended for reaching such a just result in the light of voluminous, intricate and conflicting evidence; witnesses requiring interpreters; abuse from Dr. Fong, and Dr. Fong’s repeated assertions that he would not comply with the court’s orders.

Appellants contend that findings of the trial court were not made upon all material issues and did not comply with the statute. Findings by reference to the pleadings or paragraphs of the pleadings are adequate. (Kalmus v. Cedars of Lebanon Hospital, 132 Cal.App.2d 243 [281 P.2d 872]; LaMar v. LaMar, 30 Cal.2d 898 [186 P.2d 678].) There is no authority for appellants’ position that exact findings as to value are required in a case like this one. (See Lamb v. Lamb, 131 Cal.App.2d 489 [280 P.2d 793].)

Appellants’ second contention that there is insufficient evidence to support respondent’s right to a divorce on grounds of extreme cruelty, is not borne out by the record. While there is conflicting evidence on this issue, the record reveals ample substantial evidence to support the result reached by the trial court. Where the evidence is conflicting, there is no function for the reviewing court to perform other than that of affirming the judgment. (Clewett v. Clewett, 136 Cal.App.2d 913 [289 P.2d 512].) In determining whether certain acts and conduct constitute extreme cruelty, as defined by Civil Code, section 94, each ease must be determined according to its particular circumstances. (McFall v. McFall, 58 Cal.App.2d 208 [136 P.2d 580].) Respondent’s testimony on the issue of extreme cruelty was sufficiently corroborated by the testimony of her daughter, Juanita. The testimony of one witness entitled to credit is sufficient to establish a fact in a civil case. (Leffingwell v [710]*710Faubion, 89 Cal.App. 157,160 [264 P. 306].) In a hotly contested case the corroboration required is slight and its sufficiency is largely for the trial court. (Jones v. Jones, 135 Cal.App.2d 52 [286 P.2d 908].)

Appellants contend that the trial court had no jurisdiction to award the parcels of real property located in San Francisco to Mrs. Fong as community property, as these properties were the separate property of Dr. Fong. They rely on Dr. Fong’s testimony that these properties, although acquired in 1944, were bought with $150,000 in separate funds which Dr. Fong had held, in fact, since before the marriage. Dr. Fong’s testimony was contradicted by Mrs. Fong, from statements given by Dr. Fong to Central Bank, and the amended 1944 federal income tax returns which referred to the properties as purchased with community funds. An agreement as to the community nature of assets may be inferred from statements on the parties’ income tax returns. (Heck v. Heck, 63 Cal.App.2d 470 [147 P.2d 110]; Kenney v. Kenney, 128 Cal.App.2d 128 [274 P.2d 951].) Appellants ’ evidence was not sufficient to overcome the presumption of community property.

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Fong Hong May v. Fong Wan
333 P.2d 797 (California Court of Appeal, 1959)

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Bluebook (online)
333 P.2d 797, 166 Cal. App. 2d 706, 1959 Cal. App. LEXIS 2537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fong-hong-may-v-fong-wan-calctapp-1959.