Res Judicata In Dissolution of Marriage Proceedings

"The doctrine of res judicata, whether applied as a total bar to further litigation or as collateral estoppel, rests upon the sound policy of limiting litigation by preventing a party who has had one fair adversary hearing on an issue from again drawing it into controversy and subjecting the other party to further expense in its reexamination." (Dale v. Dale (1998) 66 Cal. App. 4th 1172, 1183 [78 Cal. Rptr. 2d 513].) Thus, a spouse who conceals the existence of community assets, thereby depriving the other spouse of the opportunity fully to present his or her case in a dissolution proceeding, cannot claim the judgment of dissolution is final and conclusive. (Ibid.) As to assets "for which a judgment or part of a judgment is set aside, the date of valuation shall be subject to equitable considerations. the court shall equally divide the asset . . ., unless the court finds upon good cause shown that the interests of justice require an unequal division." ( 2126, italics added.) Similarly, section 2556 provides: "In a proceeding for dissolution of marriage, for nullity of marriage, or for legal separation of the parties, the court has continuing jurisdiction to award community estate assets or community estate liabilities to the parties that have not been previously adjudicated by a judgment in the proceeding. a party may file a postjudgment motion or order to show cause in the proceeding in order to obtain adjudication of any community estate asset or liability omitted or not adjudicated by the judgment. In these cases, the court shall equally divide the omitted or unadjudicated community estate asset or liability, unless the court finds upon good cause shown that the interests of justice require an unequal division of the asset or liability." Also, section 1101, subdivision (h), provides the remedies for breach of fiduciary duty by a spouse "when the breach falls within the ambit of Section 3294 of the Civil Code shall include, but not be limited to, an award to the other spouse of 100 percent, or an amount equal to 100 percent, of any asset undisclosed or transferred in breach of the fiduciary duty."