Opinion
Page 363h
168 Cal.App.4th 363h __ Cal.Rptr.3d__ YMELDA T. PATRICK, Plaintiff and Appellant, v. ALACER CORPORATION, Defendant and Respondent. G037261 California Court of Appeal, Fourth District, Third Division November 21, 2008Super. Ct. No. 03CC14826
THE COURTIt is ordered that the opinion filed herein on October 22, 2008, (167 Cal.App.4th 995; __Cal.Rptr.3d__ ) be modified as follows and that the petitions for rehearing are DENIED:
On page 18, line 4 [167 Cal.App.4th 1011, advance report, 2d full par., last line], after the sentence beginning with "Plaintiff alleges the increase in value," insert the following sentence: "And the Trust directs the trustees to satisfy this community property interest by transferring Alacer stock to plaintiff."
On page 19, line 4 [167 Cal.App.4th 1012, advance report, 1st full par., 5th line from bottom], delete the sentence beginning with "She allegedly has a present and existing ownership" and replace it with the following sentence: "She allegedly has a present and existing interest in Alacer stock already— she does not need to do anything to trigger her interest."
On page 19, second full paragraph [167 Cal.App.4th 1013, advance report, 1st par., line 2], delete the third sentence beginning with "If plaintiff has a community property interest" and replace it with the following sentence: "If plaintiff has a community property interest in the trust's Alacer stock, then her husband, by directing the trustees to issue Alacer shares to plaintiff to satisfy her community property interest (if any), would not be giving plaintiff anything to which she is not already entitled."
On page 20, line 2 [167 Cal.App.4th 1013, advance report, 1st par., line 7], after the sentence ending with "regardless of the Trust's distribution provision," insert the following sentence: "Transferring trust assets to satisfy an existing obligation is the antithesis of a donative transfer."
On page 20, second full paragraph [167 Cal.App.4th 1013, advance report, 2d full par., line 3], delete the sentence beginning with "Through her alleged community property interest" and replace it with the following sentence:
Page 363i
"Through her alleged community property interest, plaintiff is already entitled to some of the Alacer stock held in the trust's name."
The modification does not change the judgment.