When I first started reading this opinion, I was disinclined to believe the Court of Appeal's result. The parties got divorced in 2009, there were letters back and forth about what stock was to be split etc., the parties discussed the matter in 2010 and their lawyers sent letters back and forth, but then basically ended their discussions and let the matter stand as it was.
Fast forward to 2018 and 2020, when the ex-wife restarts the process by filing various motions with the trial court, which dismissed them based on laches. That sounded about right to me; there was zero reason for this eight-year delay.
But the Court of Appeal reverses. As I said, I was initially dubious.
Ultimately, however, Justice Dato's opinion persuades me. Maybe there was the required prejudice, but maybe not. We'll have to learn more, precisely along the lines his opinion discusses.
I'm convinced.
Oh, and since the case arose in San Diego, I felt like looking up the parties a tiny bit. The ex-husband is a cosmetic dermatologist down here, and apparently does extraordinarily well. The ex-wife also has a very interesting story; here's her quite expansive take ("Truth vs. Lies") on her life and the underlying marriage.
Interesting stuff.
