In re Marriage of Connolly

In In re Marriage of Connolly (1979) 23 Cal.3d 590, a couple owned 10,000 shares of stock in a company in which the husband was an outside director. The couple agreed to value the shares as of a certain date. The company had already made three unsuccessful attempts to go public. After the trial the court set a value on the stock based on the husband's accurate testimony concerning recent sales, which it awarded to the husband. As an equalizing payment, the wife ended up with a note for $ 37,500 at 7 percent interest. (See Connolly, supra, 23 Cal.3d at pp. 594-596.) Within a month of the filing of the judgment came yet another attempt at a public offering, this one (of course) being phenomenally successful, with the stock being traded at roughly four times the value at which the trial court awarded it to the husband. (See Connolly, supra, 23 Cal.3d at p. 596.) Just short of six months, the wife then filed a motion to set aside the judgment, on a fraud theory that he should have voluntarily revealed at trial (though he was never asked) the fact that the company contemplated a public offering. The trial court denied the motion to vacate the judgment, and the Supreme Court affirmed, reasoning essentially that the wife had everything she needed to discover the potential value of the stock (including just cross-examining the husband at trial), and if she and her counsel chose not to investigate, they really had nothing to complain about. (See id. at p. 602.) The high court also noted that the wife might rationally prefer an interest bearing note than non-income-producing stock in a company which could well face bankruptcy if it didn't raise some cash in a successful public offering. (See id. at pp. 603-604.)