Electronically FILED by Superior Court of California, County of Los Angeles 2/16/2022 6:08 PM Sherri R. Carter, Executive Officer/Clerk, By E.

Lim, Deputy Clerk

FL-320
PARTY WITHOUT ATTORNEY OR ATTORNEY: STATE BAR NO.: FOR COURT USE ONLY

NAME: Christopher C. Melcher, Esq. (SBN 170547); Steven K. Yoda, Esq. (SBN 237739)
FIRM NAME: Walzer Melcher LLP
STREET ADDRESS: 5941 Variel Avenue
CITY: Woodland Hills STATE: CA ZIP CODE: 91367

TELEPHONE NO.: (818) 591-3700 FAX NO.: (818) 591-3774

E-MAIL ADDRESS: ccm@walzermelcher.com; sky@walzermelcher.com

ATTORNEY FOR (name): Kanye West

SUPERIOR COURT OF CALIFORNIA, COUNTY OF Los Angeles
STREET ADDRESS: 111 North Hill Street

MAILING ADDRESS: 111 North Hill Street

CITY AND ZIP CODE: Los Angeles, CA 90012

BRANCH NAME: Central District

PETITIONER: Kimberly Kardashian West

RESPONDENT: Kanye West
OTHER PARENT/PARTY:
CASE NUMBER:
RESPONSIVE DECLARATION TO REQUEST FOR ORDER
21STFL01626
HEARING DATE: TIME: DEPARTMENT OR ROOM:
March 2, 2022 8:30 a.m. 63

Read Information Sheet: Responsive Declaration to Request for Order (form FL-320-INFO) for more information about this form.

1.  RESTRAINING ORDER INFORMATION

a.  No domestic violence restraining/protective orders are now in effect between the parties in this case.
b.  I agree that one or more domestic violence restraining/ protective orders are now in effect between the parties in
this case.

2.  CHILD CUSTODY
 VISITATION (PARENTING TIME)
a.  I consent to the order requested for child custody (legal and physical custody)
b.  I consent to the order requested for visitation (parenting time).
c.  I do not consent to the order requested for  child custody  visitation (parenting time)
 but I consent to the following order:

3.  CHILD SUPPORT
a. I have completed and filed a current Income and Expense Declaration (form FL-150) or, if eligible, a current Financial
Statement (Simplified) (form FL-155) to support my responsive declaration.
b.  I consent to the order requested.
c.  I consent to guideline support.
d.  I do not consent to the order requested  but I consent to the following order:

4.  SPOUSAL OR DOMESTIC PARTNER SUPPORT

a. I have completed and filed a current Income and Expense Declaration (form FL-150) to support my responsive
declaration.
b.  I consent to the order requested.
c.  I do not consent to the order requested  but I consent to the following order:

Form Adopted for Mandatory Use RESPONSIVE DECLARATION TO REQUEST FOR ORDER Page 1 of 2
Judicial Council of California Code of Civil Procedure, § 1005
FL-320 [Rev. July 1, 2016] Cal. Ruleswww.courts.ca.gov
of Court, rule 5.92
 DocuSign Envelope ID: C4C5B075-AC02-4656-B0B0-951229D90BF0
FL-320
PETITIONER: Kimberly Kardashian West CASE NUMBER:

RESPONDENT: Kanye West 21STFL01626

OTHER PARENT/PARTY:

5.  PROPERTY CONTROL
a.  I consent to the order requested.
b.  I do not consent to the order requested  but I consent to the following order:

6.  ATTORNEY'S FEES AND COSTS

a. I have completed and filed a current Income and Expense Declaration (form FL-150) to support my responsive
declaration.
b. I have completed and filed with this form a Supporting Declaration for Attorney's Fees and Costs Attachment (form
FL-158) or a declaration that addresses the factors covered in that form.
c.  I consent to the order requested.
d.  I do not consent to the order requested  but I consent to the following order:

7.  DOMESTIC VIOLENCE ORDER

a.  I consent to the order requested.
b.  I do not consent to the order requested  but I consent to the following order:

8. 
X OTHER ORDERS REQUESTED
a.  I consent to the order requested.
b. 
X I do not consent to the order requested  but I consent to the following order:

9.  TIME FOR SERVICE / TIME UNTIL HEARING

a.  I consent to the order requested.
b.  I do not consent to the order requested  but I consent to the following order:

10. 
X FACTS TO SUPPORT my responsive declaration are listed below. The facts that I write and attach to this form cannot be
longer than 10 pages, unless the court gives me permission.  Attachment 10.
1) Response to Request for Separate Trial (FL-315);
2) Memorandum of Points and Authorities; and
3) Declaration of Cynthia J. Ponce

I declare under penalty of perjury under the laws of the State of California that the information provided in this form and all attachments
is true and correct.
Date: 2/16/2022

Christopher C. Melcher
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

FL-320 [Rev. July 1, 2016] RESPONSIVE DECLARATION TO REQUEST FOR ORDER Page 2 of 2
DocuSign Envelope ID: C4C5B075-AC02-4656-B0B0-951229D90BF0

FL-315
CASE NUMBER:
PETITIONER: Kimberly Kardashian West
21STFL01626
RESPONDENT: Kanye West

REQUEST FOR SEPARATE TRIAL OR 

X RESPONSE TO REQUEST FOR SEPARATE TRIAL

Attachment to  Request for Order 

X Responsive Declaration to Request for Order
(form FL-300) (form FL-320)
attorney for
1. I am the  petitioner  X respondent and  request  X oppose the request that the court sever
(bifurcate) and grant an early and separate trial on the following issue or issues:

a.  Permanent custody and visitation of the children of the marriage or domestic partnership

b.  Date of separation of the parties

c.  Alternate valuation date for property

d.  Validity of agreement entered into before or during the marriage or domestic partnership

e. 
X Dissolution of the status of the marriage or domestic partnership
_________________________ Respondent's
(1) I will serve with this application or response my preliminary Declaration of Disclosure (form FL-140) and completed
Schedule of Assets and Debts (form FL-142) and Income and Expense Declaration (FL-150) unless they have been
previously served or the parties have stipulated in writing to defer service.
(2) All pension or retirement plans in which the community has an interest are listed below or on attachment 1e(2):
UBS Defined Benefit Plan
UBS Profit Share Plan
Bel Air Securities SEP IRA

(3) All pension or retirement plans listed in 1e(2) have been joined as a party to this proceeding, unless joinder is precluded or
made unnecessary as a matter of law. (See Retirement Plan Joinder—Information Sheet (form FL-318-INFO) to determine if
a joinder is required.)
(4) I understand that the court may make the orders specified or requested on pages 2 and 3 if the motion is granted to
bifurcate the status of the marriage or domestic partnership and the marriage or partnership is ended.
(5) 
X I request that the court make the orders indicated on pages 2 and 3 and any attachments., if the Motion is not denied.
NOTE: A request for an early termination of your marital or partnership status may have a significant impact on your rights or
responsibilities in your case. If you do not understand this form, you should speak with an attorney.

f.  Other (specify):

2. a.  I request that the court conduct this separate trial on the hearing date.

b. 
X I will, at the hearing, ask the court to set a date for this separate trial.

3. The reasons in support of this request are (specify):


X Memorandum attached. X Supporting declarations attached.
Page 1 of 3

Form Adopted for Mandatory Use REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL Family Code § 2337
Judicial Council of California www.courts.ca.gov
FL-315 [January 1, 2018] (Family Law)
 DocuSign Envelope ID: C4C5B075-AC02-4656-B0B0-951229D90BF0

FL-315
CASE NUMBER:
PETITIONER: Kimberly Kardashian West
21STFL01626
RESPONDENT: Kanye West

4. Conditions relating to bifurcation of the status of the marriage or partnership:

a. I understand that the court must enter an order to preserve the claims of each spouse or domestic partner in all retirement plan
benefits upon entry of judgment granting a dissolution of the status of the marriage or domestic partnership.

b. I request that the court order the following as a condition of granting the bifurcation and ending the marriage or partnership upon
an early and separate trial: if the Motion is not denied.
(1) 
X Division of property
Respondent
The  X petitioner  respondent Respondent and his or her estate must indemnify and hold me harmless from any taxes,
has Respondent
reassessments, interest, and penalties that I have to pay in connection with the division of the community estate that I would
the parties
not have had to pay if we were still married or in a domestic partnership at the time the division was made.

(2) 
X Health insurance

Until judgment has been entered on all remaining issues and has become final
Respondent
X petitioner  respondent
must maintain all existing health and medical insurance coverage for me and any minor children as named dependents as
long as he or she is eligible to do so. If at any time during this period, he or she is not eligible to maintain that coverage, he
or she must, at his or her sole expense, provide and maintain health and medical insurance coverage that is comparable to
the existing health and medical insurance coverage to the extent it is available.

To the extent that coverage is not available, the  X petitioner  respondent must be responsible for paying,
Respondent
and demonstrate to the court's satisfaction the ability to pay, for health and medical care for me and the minor children to the
extent that care would have been covered by the existing insurance coverage but for the dissolution of marital status or
Respondent
domestic partnership, and must otherwise indemnify and hold me harmless from any adverse consequences resulting from
the loss or reduction of the existing coverage.

(3) 
X Probate homestead

Until judgment has been entered on all remaining issues and has become final, the
Respondent X petitioner  respondent
Respondent's
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in a termination of my right
he is
to a probate homestead in the residence in which I am residing at the time the severance is granted.

(4) 
X Probate family allowance

Until judgment has been entered on all remaining issues and has become final, the
Respondent X petitioner  respondent
his
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my right to a
probate family allowance as the surviving spouse or surviving domestic partner.

(5) 
X Retirement benefits

Until judgment has been entered on all remaining issues and has become final, the
Respondent 
X petitioner  respondent
his
must indemnify and hold me harmless from any adverse consequences if the bifurcation results in the loss of my rights with
respect to any retirement, survivor, or deferred compensation benefits under any plan, fund, or arrangement, or to any
he
elections or options associated those benefits, to the extent that I would have been entitled to those benefits or elections as
the spouse or surviving spouse or the domestic partner or surviving domestic partner.

(6) 
X Social security benefits
Respondent
The  X petitioner  respondent must indemnify and hold me harmless from any adverse consequences if the
he
bifurcation results in the loss of rights to social security benefits or elections to the extent that I would have been entitled to
those benefits or elections as the surviving spouse or surviving domestic partner.

(7) 
X Beneficiary designation—nonprobate transfer Petitioner to prepare the referenced attachment.
The  X petitioner  respondent must maintain the beneficiary designation specified for each Nonprobate
Transfer Asset (Probate Code section 5000) identified on the attached list in the percentage indicated. (See Attachment 7
(not a form), which lists each asset and proposed percentage.) This designation must stay in effect until judgment has been
him
entered with respect to the community ownership of that asset and until my interest in it has been distributed to me.
Respondent's
FL-315 [January 1, 2018] REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL Page 2 of 3

(Family Law)
DocuSign Envelope ID: C4C5B075-AC02-4656-B0B0-951229D90BF0

FL-315
Kimberly Kardashian West
CASE NUMBER:
PETITIONER:
21STFL01626
RESPONDENT: Kanye West

(8) 
X Individual Retirement Accounts

To preserve the ability of the nonowner to defer the distribution of an Individual Retirement Account (IRA) or annuity upon
the death of the owner, the court should make the attached orders assigning and transferring the community interest of
X petitioner  respondent in each listed IRA to that party. (See Attachment 8 (not a form), which lists names
of IRAs, account numbers, and amount to be awarded.)

(9)  Enforcement of community property rights

Because it will be difficult to enforce either of our community property rights if one of us dies before the division and
distribution or compliance with any court-ordered payment of any community property interest, the court should make the
attached order to provide enforcement security for  petitioner  respondent. (See attachment 9 (not a
form), which specifies the security interest to be ordered as provided by Family Code section 2337(c)(9).)

(10)
X Other conditions that are just and equitable
I request that the court make the following additional orders:

1. Petitioner Kimberly Kardashian West to waive the marital privileges under Evidence Code section 970,
971, and 980, and to obtain a waiver of such rights from any new spouse prior to remarriage, until a final
custody determination has been made;

2. Any right of reimbursement under Family Code section 2640 by Respondent Kanye West is preserved
in the event either party dies before there is a final judgment on property; and

3. Petitioner Kimberly Kardashian West will not transfer assets out of any trust, and will defer receipt of
any benefit or other right that occurs uder a trust as a result of status being terminated, until there is a final
judgment on property.

5. Number of pages attached after this page: 34

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date: 2/16/2022

Christopher C. Melcher
(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

FL-315 [January 1, 2018] REQUEST OR RESPONSE TO REQUEST FOR SEPARATE TRIAL Page 3 of 3

(Family Law)
 

MEMORANDUM OF POINTS AND AUTHORITIES

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1 MEMORANDUM OF POINTS AND AUTHORITIES

2 Terminating marital status before custody, property, and support issues are resolved creates

3 a risk of adverse consequences. This is especially true if one of the parties were to pass away

4 while the case is pending. An early termination of status also creates barriers to obtaining evidence

5 if a party remarries before the case is concluded. That is why Family Code section 2337 allows the

6 court to impose conditions when terminating marital status early.

7 Counsel for Respondent Kanye West, whose legal name is now Ye, attempted to

8 informally resolve these conditions and address errors in the proposed Status-Only Judgment.

9 Some issues were corrected, but significant problems remain.

10 The Court should deny Petitioner Kimberly Kardashian West’s Request for a Separate

11 Trial on the Termination of Marital Status because the motion does not provide the protections

12 necessary for an early termination of marital status.

13 I. STATEMENT OF FACTS
Woodland Hills, California 91367
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 On January 20, 2022, Ye’s counsel wrote to Kim’s counsel, identifying the following
5941 Variel Avenue

15 procedural issues with Kim’s motion and proposed judgment: (1) Kim’s preliminary declaration of

16 disclosure did not include tax returns as required by Family Code section 2104; and (2) Kim did

17 not include an interim order regarding her retirement plans in the proposed judgment as required

18 by Family Code section 2337, subdivision (d)(2). (Ponce Decl., Ex. A.) Ye’s counsel also objected

19 to Kim’s proposal for mutual indemnification of any consequences resulting from the early

20 termination of their marital status, asking that Kim indemnify Ye against those consequences as

21 she was the one asking for the early termination of status. (Ibid.)

22 On January 28, 2022, Kim provided the tax returns. (Ponce Decl., ¶ 3.) Kim’s counsel

23 provided a new version of the proposed judgment on February 3, 2022. (Id., Ex. B.)

24 On February 9, 2022, Ye’s counsel wrote to Kim’s counsel, explaining that the revised

25 judgment states that separate orders are attached regarding Kim’s retirement plans and non-

26 probate transfer assets, but no such orders were attached. (Ponce Decl., Ex. C.) Ye’s counsel also

27 requested these additional conditions:

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Marriage of West MEMORANDUM OF POINTS AND AUTHORITIES

LASC No. 21STFL01626 Page 1
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1 1. That Kim waive the marital privileges in Evidence Code sections 970, 971, and 980

2 until a final custody determination has been made, and that Kim obtain the same waiver from any

3 new spouse prior to remarriage;

4 2. That any right of reimbursement Ye has under Family Code section 2640 is

5 preserved if either party dies before a final judgment on property is entered; and,

6 3. That Kim will not transfer assets out of any trust, and will defer receipt of any

7 benefit or right that occurs under a trust as a result of status being terminated, until there is a final

8 judgment on property. (Ibid.)

9 On February 15, 2022, Kim’s counsel rejected these additional conditions and provided a

10 revised Attachment to Judgment for the Bifurcation of Status of Marriage (FL-347). (Ponce Decl.,

11 Ex. D.) In that revised FL-347, the conditions regarding the beneficiary designation for non-

12 probate transfers and the individual retirement accounts were removed. (Id., Ex. D, FL-347, ¶ 5.g.

13 & h.) Kim’s counsel asserted that the removed conditions are not applicable because the parties
Woodland Hills, California 91367
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 have a premarital agreement. (Id., Ex. D, p. 1.)

5941 Variel Avenue

15 II. DISCUSSION

16 A court may grant an early and separate trial on “the issue of the dissolution of the status

17 of marriage apart from other issues.” (Fam. Code, § 2337, subd. (a).) But, the right to an early

18 divorce is not absolute. Certain conditions are required for the entry of a status-only judgment,

19 while others are discretionary. (Id., subds. (b)-(d).)

20 A. Mandatory orders regarding retirement plans have not been proposed.

21 Before granting a status-only judgment, the court must enter one of three specified orders

22 for each retirement plan in which either party is a participant. (Fam. Code, § 2337, subd. (d)(2).)

23 Kim’s proposed judgment does not contain an order for two ERISA-qualified retirement plans (i.e.

24 the UBS Defined Benefit Plan and UBS Profit Share Plan). The proposed judgment describes the

25 type of order that should be made, but the terms are not stated in a proposed order. (Ponce Decl.,

26 Ex. D, FL-347, ¶ 3.b.) Because there are no proposed orders regarding these plans, Kim’s motion

27 must be denied.

28

Marriage of West MEMORANDUM OF POINTS AND AUTHORITIES

LASC No. 21STFL01626 Page 2
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1 B. The Court should impose conditions to protect the parties’ financial status quo.

2 Per sections 2337(c)(7) and 2337(c)(8) of the Family Code, the Court may require a party

3 seeking a status-only judgment to maintain all beneficiary designations on nonprobate transfers

4 and to assign half of the community interest in any individual retirement accounts (IRAs) to the

5 other party until a final judgment is entered. (Fam. Code, § 2337, subds. (c)(7) & (c)(8).)

6 The premarital agreement is irrelevant. The conditions in sections 2337, subdivisions (c)(7)

7 and (c)(8) maintain the financial status quo until all property has been characterized. As to section

8 2337, subdivision (c)(7), Kim is restrained from changing beneficiary designations on nonprobate

9 transfers anyway because of the automatic temporary restraining orders that are in place. (See

10 Summons, Feb. 19, 2021.) Section 2337, subdivision (c)(8) protects the community interest in any

11 IRAs. If it turns out that there is no community interest in any IRAs (because of the premarital

12 agreement or otherwise), then there would be no harm in imposing this condition. If the Court

13 grants Kim’s Motion (it should not), it should at least impose these conditions to preserve the
Woodland Hills, California 91367
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 parties’ financial status quo until all property issues have been resolved.
5941 Variel Avenue

15 C. The additional conditions proposed by Ye should be granted.

16 The Court may impose any other condition it determines is just and equitable. (Fam. Code,

17 § 2337, subd. (c)(10).) Three additional conditions requested by Ye’s counsel, which Kim has

18 rejected, will preserve Ye’s rights and eliminate any barrier to obtaining evidence if Kim remarries

19 before the case is concluded. These are just and equitable conditions that should be imposed

20 before granting the early termination of marital status.

21 1. The Family Code section 2640 condition.

22 The Court should preserve Ye’s right of reimbursement under Family Code section 2640 in

23 the event either party dies. This condition is necessary because reimbursements under Family

24 Code section 2640 expire upon the death of either party. (See Estate of Blair (1988) 199 Cal.

25 App.3d, 161, 167.) The law is unsettled as to what occurs to this right if a status-only judgment

26 has been entered but one party dies before a final property judgment is entered. Kim’s counsel has

27 asserted that this condition is unnecessary given the premarital agreement. (Ponce Decl., Ex. D.)

28 Ye’s statutory rights under Family Code section 2640, if any, should be preserved. The proposed

Marriage of West MEMORANDUM OF POINTS AND AUTHORITIES

LASC No. 21STFL01626 Page 3
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1 condition does not create any rights to reimbursement—it would only preserve whatever rights

2 currently exist if either party dies before entry of a property judgment.

3 2. The trust condition.

4 The condition restraining Kim from transferring assets out of any trust and requiring her to

5 defer receipt of any benefits or rights that would occur as a result of the status termination

6 preserves the status quo. This is not an extravagant request. Kim’s counsel has asserted that this

7 condition is unnecessary given the premarital agreement. (Ponce Decl., Ex. D.) This condition

8 merely maintains the parties in the same position they are in now. This condition should be

9 imposed until all property issues are resolved.

10 3. The marital privilege condition.

11 The last condition requested by Ye was that Kim waive the marital privileges under

12 Evidence Code sections 970, 971, and 980 until a final custody determination has been made, and

13 that Kim obtain the same waiver from any new spouse prior to remarriage. Under Evidence Code
Woodland Hills, California 91367
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 sections 970, 971, and 980, spouses have privileges: (1) not to testify against their spouse in any
5941 Variel Avenue

15 proceeding (Evid. Code, § 970); (2) not to be called as a witness in any proceeding to which their

16 spouse is a party (id., § 971); and (3) not to disclose marital communications (id., § 980).

17 As to Evidence Code sections 970 and 971, an exception exists for testimony related to

18 income, expenses, assets, debts, and employment when a dissolution proceeding is pending

19 between a spouse and a former spouse and the property and debts of the marriage have not been

20 adjudicated. (Evid. Code, § 972, subd. (g).) No such exception exists for Evidence Code section

21 980. Furthermore, there are no exceptions whatsoever for testimony relating to custody—even

22 when no custody determination has been made (as is the case here). If status is terminated now

23 without this condition, then a barrier to obtaining evidence regarding parenting and custody will

24 arise if Kim remarries before the case is concluded.

25 ///

26 ///

27 ///

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Marriage of West MEMORANDUM OF POINTS AND AUTHORITIES

LASC No. 21STFL01626 Page 4
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1 III. CONCLUSION

2 Kim’s motion should be denied without prejudice so that Kim can refile it with the

3 mandatory corrections and requested conditions set forth in the proposed judgment. Alternatively,

4 a hearing regarding these additional conditions should be set.

6 Dated: February 16, 2022 Respectfully submitted,

7 WALZER MELCHER LLP

8
By:
9 Christopher C. Melcher
10 Attorneys for Respondent
KANYE WEST (YE)
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Woodland Hills, California 91367
Telephone: (818) 591-3700
WALZER MELCHER LLP

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5941 Variel Avenue

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Marriage of West MEMORANDUM OF POINTS AND AUTHORITIES

LASC No. 21STFL01626 Page 5
 

DECLARATION OF CYNTHIA J. PONCE

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1 DECLARATION OF CYNTHIA J. PONCE

2 I, CYNTHIA J. PONCE, declare as follows:

3 1. I am a member of the State Bar of California and an associate with the law firm of

4 Walzer Melcher LLP, counsel of record for Respondent Kanye West, who has since legally

5 changed his name to Ye, (“Ye”) in this action. I submit this declaration in support of Ye’s

6 Responsive Declaration to Petitioner Kimberly Kardashian West’s (“Kim”) Request for a Separate

7 Trial on the Termination of Marital Status. The matters stated in this declaration are true and of

8 my own personal knowledge, except those that are stated on information and belief, and, as to

9 those, I am informed and believe them to be true. If called as a witness, I could and would

10 competently testify to the matters set forth below.

11 2. On January 20, 2022, I sent a meet and confer letter to Kim’s counsel, Laura A.

12 Wasser, Esq. and Ashley L. Montgomery, Esq., regarding Kim’s pending Request for a Separate
Woodland Hills, California 91367

13 Trial on the Termination of Marital Status. Attached as Exhibit A is a true and correct copy of
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 my letter to Ms. Wasser and Ms. Montgomery dated January 6, 2022.

5941 Variel Avenue

15 3. On January 28, 2022, Ms. Wasser’s office emailed me copies of Kim’s tax returns

16 which had been omitted from her preliminary declaration of disclosure.

17 4. On February 3, 2022, I received a letter from Ms. Montgomery which included a

18 revised proposed status only judgment. Attached as Exhibit B is a true and correct copy of the

19 letter I received from Ms. Montgomery dated February 3, 2022.

20 5. On February 9, 2022, I sent a further meet and confer letter to Ms. Wasser and Ms.

21 Montgomery. Attached as Exhibit C is a true and correct copy of my letter to Ms. Wasser and

22 Ms. Montgomery dated February 9, 2022.

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Marriage of West DECLARATION OF CYNTHIA J. PONCE

LASC No. 21STFL Page 1 of 2
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1 6. On February 15, 2022, I received a letter from Ms. Montgomery rejecting my

2 request for additional conditions. Ms. Montgomery included a revised FL-347. Attached as

3 Exhibit D is a true and correct copy of the letter I received from Ms. Montgomery dated

4 February 15, 2022.

5 I declare under penalty of perjury under the laws of the State of California that the

6 foregoing is true and correct.

7 Executed this 16th day of February 2022 at Woodland Hills, California.

8
_____________________________________
9 Cynthia J. Ponce
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Woodland Hills, California 91367

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Telephone: (818) 591-3700
WALZER MELCHER LLP

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Marriage of West DECLARATION OF CYNTHIA J. PONCE

LASC No. 21STFL Page 2 of 2
 

EXHIBIT A
DocuSign Envelope ID: 7FFF5140-93DB-4DE9-A85C-A7EB9BB5A52D

PETER M. WALZER*†
pmw@walzermelcher.com
CHRISTOPHER C. MELCHER*†
ccm@walzermelcher.com
STEVEN K. YODA*
sky@walzermelcher.com

5941 Variel Avenue Tel: 818.591.3700 KRISTINA L. HOHNE

Woodland Hills, CA 91367
www.walzermelcher.com
klh@walzermelcher.com
Fax: 818.591.3774
CHRISTINA E. DJORDJEVICH
ced@walzermelcher.com
ASHLEY W. EDWARDS
awe@walzermelcher.com
CYNTHIA J. PONCE
cjp@walzermelcher.com
SARAH A. STECKER
sas@walzermelcher.com
ASHLEY K. QUAN
akq@walzermelcher.com

January 20, 2022

VIA E-MAIL
laura.wasser@wcmfamilylaw.com
ashley.montgomery@wcmfamilylaw.com

Laura A. Wasser, Esq.

Ashley L. Montgomery, Esq.
Wasser, Cooperman & Mandles, PC
2049 Century Park East, Suite 800
Los Angeles, CA 90067

Re: Marriage of West, LASC Case No. 21STFL01626

Dear Counsel:

I am awaiting instructions from Ye on Kimberly’s Request for a Separate Trial on the

Termination of Marital Status filed on December 13, 2021 (the “Bifurcation Motion”). If a status
only judgment is not entered by consent of the parties, the court will be constrained by Family
Code section 2337. There are procedural issues with the Bifurcation Motion that Kimberly may
wish to address before Ye’s response must be filed.

First, a moving party must serve a preliminary declaration of disclosure in compliance with
Family Code section 2104 prior to or with the motion for a bifurcated trial on the dissolution of
status. (Fam. Code, § 2337, subd. (b).) A preliminary declaration of disclosure must include all
tax returns filed by the declarant within the two years prior to the date the disclosures were served.
(Fam. Code, § 2104, subd. (a).) Although Kimberly served her preliminary declaration of
disclosure on November 24, 2021, it did not include her tax returns. (See Kimberly’s PDD, Nov.
24, 2021 [§ 3 of FL-140 is unmarked and no tax returns were provided with supporting
documents].) The proof of service of disclosures incorrectly states the returns were attached. (See
Kimberly’s Decl. re Service of Disclosures, Nov. 24, 2021, § 2 [indicates that “all tax returns filed
by the party in the two years before service” were served on November 24, 2021 via email].)

Partner
*Certified Specialist, Family Law, The State Bar of California, Board of Legal Specialization
†Fellow of the American Academy of Matrimonial Lawyers
DocuSign Envelope ID: 7FFF5140-93DB-4DE9-A85C-A7EB9BB5A52D

Laura A. Wasser, Esq.

Ashley L. Montgomery, Esq.
January 20, 2022
Page 2

Without a complete preliminary declaration of disclosure by Kimberly, the Court cannot grant the
Bifurcation Motion.

Second, in granting an early dissolution of status, the Court must enter an order on each
retirement plan in which either party is a participant, regardless of characterization. (Fam. Code,
§ 2337, subd. (d)(2).) The statute is not limited to plans in which an interest is claimed or which
could be community; an order is needed for every plan. Kimberly identified three retirement plans
in which she participates: (1) UBS Defined Benefit Plan; (2) UBS Profit Share Plan; and (3) Bel-
Air Securities SEP IRA. (See Kimberly’s SAD, Nov. 24, 2021, §§ 12-13; see also Montgomery
Email to Yoda, Oct. 20, 2021 at 7:21 p.m.) Neither of these retirement plans are referenced in the
proposed judgment. (See Kimberly’s Bifurcation Motion, Dec. 13, 2021, Ex. A at § 3 of FL-347.)
An order per Family Code section 2337, subdivision (d)(2) regarding these retirement plans must
be included in the judgment.

Third, the Court may attach conditions to a status-only judgment per Family Code section
2337. The proposed judgment suggests mutual indemnification for any consequences from the
early termination of the marriage. I have no authority to consent to any conditions that would
subject Ye to liability, so I would have to object to those conditions.

For the avoidance of doubt, I am not saying that Ye will consent to a status-only judgment
if these issues are resolved. I am merely meeting and conferring with you on the Bifurcation
Motion before the response is due.

Sincerely,

WALZER MELCHER LLP

Cynthia J. Ponce
DocuSign Envelope ID: C4C5B075-AC02-4656-B0B0-951229D90BF0

1 condition does not create any rights to reimbursement—it would only preserve whatever rights

2 currently exist if either party dies before entry of a property judgment.

3 2. The trust condition.

4 The condition restraining Kim from transferring assets out of any trust and requiring her to

5 defer receipt of any benefits or rights that would occur as a result of the status termination

6 preserves the status quo. This is not an extravagant request. Kim’s counsel has asserted that this

7 condition is unnecessary given the premarital agreement. (Ponce Decl., Ex. D.) This condition

8 merely maintains the parties in the same position they are in now. This condition should be

9 imposed until all property issues are resolved.

10 3. The marital privilege condition.

11 The last condition requested by Ye was that Kim waive the marital privileges under

12 Evidence Code sections 970, 971, and 980 until a final custody determination has been made, and

13 that Kim obtain the same waiver from any new spouse prior to remarriage. Under Evidence Code
Woodland Hills, California 91367
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 sections 970, 971, and 980, spouses have privileges: (1) not to testify against their spouse in any
5941 Variel Avenue

15 proceeding (Evid. Code, § 970); (2) not to be called as a witness in any proceeding to which their

16 spouse is a party (id., § 971); and (3) not to disclose marital communications (id., § 980).

17 As to Evidence Code sections 970 and 971, an exception exists for testimony related to

18 income, expenses, assets, debts, and employment when a dissolution proceeding is pending

19 between a spouse and a former spouse and the property and debts of the marriage have not been

20 adjudicated. (Evid. Code, § 972, subd. (g).) No such exception exists for Evidence Code section

21 980. Furthermore, there are no exceptions whatsoever for testimony relating to custody—even

22 when no custody determination has been made (as is the case here). If status is terminated now

23 without this condition, then a barrier to obtaining evidence regarding parenting and custody will

24 arise if Kim remarries before the case is concluded.

25 ///

26 ///

27 ///

28

Marriage of West MEMORANDUM OF POINTS AND AUTHORITIES

LASC No. 21STFL01626 Page 4
 

DECLARATION OF CYNTHIA J. PONCE

DocuSign Envelope ID: EA33BCEE-D32C-4D05-9F75-D1E8129FFF28

1 DECLARATION OF CYNTHIA J. PONCE

2 I, CYNTHIA J. PONCE, declare as follows:

3 1. I am a member of the State Bar of California and an associate with the law firm of

4 Walzer Melcher LLP, counsel of record for Respondent Kanye West, who has since legally

5 changed his name to Ye, (“Ye”) in this action. I submit this declaration in support of Ye’s

6 Responsive Declaration to Petitioner Kimberly Kardashian West’s (“Kim”) Request for a Separate

7 Trial on the Termination of Marital Status. The matters stated in this declaration are true and of

8 my own personal knowledge, except those that are stated on information and belief, and, as to

9 those, I am informed and believe them to be true. If called as a witness, I could and would

10 competently testify to the matters set forth below.

11 2. On January 20, 2022, I sent a meet and confer letter to Kim’s counsel, Laura A.

12 Wasser, Esq. and Ashley L. Montgomery, Esq., regarding Kim’s pending Request for a Separate
Woodland Hills, California 91367

13 Trial on the Termination of Marital Status. Attached as Exhibit A is a true and correct copy of
Telephone: (818) 591-3700
WALZER MELCHER LLP

14 my letter to Ms. Wasser and Ms. Montgomery dated January 6, 2022.

5941 Variel Avenue

15 3. On January 28, 2022, Ms. Wasser’s office emailed me copies of Kim’s tax returns

16 which had been omitted from her preliminary declaration of disclosure.

17 4. On February 3, 2022, I received a letter from Ms. Montgomery which included a

18 revised proposed status only judgment. Attached as Exhibit B is a true and correct copy of the

19 letter I received from Ms. Montgomery dated February 3, 2022.

20 5. On February 9, 2022, I sent a further meet and confer letter to Ms. Wasser and Ms.

21 Montgomery. Attached as Exhibit C is a true and correct copy of my letter to Ms. Wasser and

22 Ms. Montgomery dated February 9, 2022.

23 ///

24 ///

25 ///

26

27

28

Marriage of West DECLARATION OF CYNTHIA J. PONCE

LASC No. 21STFL Page 1 of 2
 FL-170
PARTY WITHOUT ATTORNEY OR ATTORNEY STATE BAR NUMBER: FOR COURT USE ONLY

NAME: LAURA A. WASSER, ESQ. 173740/ASHLEY L. MONTGOMERY, ESQ. 291762

FIRM NAME: Wasser, Cooperman & Mandles, P.C.
STREET ADDRESS: 2049 Century Park East, Suite 800

CITY: Los Angeles STATE: CA ZIP CODE: 90067

TELEPHONE NO.: (310) 277-7117 FAX NO.: (310) 553-1793

E-MAIL ADDRESS:

ATTORNEY FOR (name): Petitioner

SUPERIOR COURT OF CALIFORNIA, COUNTY OF LOS ANGELES
STREET ADDRESS: 111 N. HILL STREET
MAILING ADDRESS: SAME AS ABOVE
CITY AND ZIP CODE: LOS ANGELES, CA 90012
BRANCH NAME: CENTRAL
PETITIONER: KIMBERLY KARDASHIAN WEST
RESPONDENT: KANYE WEST
DECLARATION FOR DEFAULT OR UNCONTESTED CASE NUMBER:

‰X DISSOLUTION ‰ LEGAL SEPARATION STATUS ONLY 21STFL01626

(NOTE: Items 1 through 12 apply to both dissolution and legal separation proceedings.)
1. I declare that if I appeared in court and were sworn, I would testify to the truth of the facts in this declaration.
2. I agree that my case will be proven by this declaration and that I will not appear before the court unless I am ordered by the court to
do so.
3. All the information in the ‰ amended ‰ X Petition ‰ Response is true and correct.
4. Type of case (check a, b, or c):
a. ‰ Default without agreement
(1) No response has been filed and there is no written agreement or stipulated judgment between the parties;
(2) The default of the respondent was entered or is being requested, and I am not seeking any relief not requested in the
petition; and
(3) The following statement is true (check one):
(A) ‰ There are no assets or debts to be disposed of by the court.
(B) ‰ The community and quasi-community assets and debts are listed on the completed current Property
Declaration (form FL-160), which includes an estimate of the value of the assets and debts that I propose to
be distributed to each party. The division in the proposed Judgment (form FL-180) is a fair and equal division
of the property and debts, or if there is a negative estate, the debts are assigned fairly and equitably.
b. ‰ Default with agreement
(1) No response has been filed and the parties have agreed that the matter may proceed as a default matter without notice;
and
(2) The parties have entered into a written agreement regarding their property and their marriage or domestic partnership
rights, including support, the original of which is being or has been submitted to the court. I request that the court approve
the agreement.
c. ‰ Uncontested
(1) Both parties have appeared in the case; and
(2) The parties have entered into a written agreement regarding their property and their marriage or domestic partnership
rights, including support, the original of which is being or has been submitted to the court. I request that the court approve
the agreement.
5. Declaration of disclosure (check a, b, c, or d):
a. ‰ Both the parties have filed, or are filing concurrently, a Declaration Regarding Service of Declaration of Disclosure (form
FL-141) and an Income and Expense Declaration (form FL-150).
b. ‰ This matter is proceeding by default. I am the petitioner in this action and have filed a proof of service of the preliminary
Declaration of Disclosure (form FL-140) with the court. I hereby waive receipt of the final Declaration of Disclosure (form
FL-140) from the respondent.
c. ‰ This matter is proceeding by default. I am the petitioner in this action, and service of the summons on respondent was
done by publication or posting under court order. Service of the preliminary Declaration of Disclosure (form FL-140) is not
required. I hereby waive receipt of the final Declaration of Disclosure (form FL-140) from the respondent.

Page 1 of 3

Form Approved for Mandatory Use DECLARATION FOR DEFAULT OR UNCONTESTED Family Code, § 2336
Judicial Council of California www.courts.ca.gov
FL-170 [Rev. January 17, 2020] DISSOLUTION OR LEGAL SEPARATION
(Family Law) WEST, KIMBERLY KARDASHIAN
 FL-170
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

RESPONDENT: KANYE WEST 21STFL01626

d. ‰This matter is proceeding as an uncontested action. Service of the final Declaration of Disclosure (form FL-140) is
mutually waived by both parties. A waiver provision executed by both parties under penalty of perjury is contained on the
Stipulation and Waiver of Final Declaration of Disclosure (form FL-144), in the settlement agreement or proposed
judgment, or in another, separate stipulation.
6. ‰ Child custody and visitation (parenting time) should be ordered as set forth in the proposed Judgment (form FL-180).
a. ‰ The information in Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105)
‰ has ‰has not changed since it was last filed with the court. (If changed, attach updated form.)
b. ‰ There is an existing court order for custody/parenting time in another case in (county):
The case number is (specify):
c. ‰ The current custody and visitation (parenting time) previously ordered in this case, or the current schedule is (specify):

‰ Contained on Attachment 6c.

d. ‰The facts that support the requested judgment are (In a default case, state your reasons below):

‰ Contained on Attachment 6d.

7. ‰ Child support should be ordered as set forth in the proposed Judgment (form FL-180).
a. If there are minor children, check and complete item (1) if applicable and item (2) or (3):
(1) ‰ Child support is being enforced in another case in (county):
The case number is (specify):
(2) ‰ The information in the child support calculation attached to the proposed judgment is correct based on my personal
knowledge.
(3) ‰ I request that this order be based on the ‰ Petitioner's ‰ Respondent’s earning ability. The facts in
support of my estimate of earning ability are (specify):

‰ Continued on Attachment 7a(3).

b. Complete items (1) and (2) regarding public assistance.
(1) I ‰ am receiving ‰ am not receiving ‰ intend to apply for public assistance for the child or children
listed in the proposed order.
(2) To the best of my knowledge, the other party ‰ is ‰ is not receiving public assistance.

‰ Petitioner ‰ Respondent is presently receiving public assistance, and all support should be made payable
to the local child support agency at the address set forth in the proposed judgment. A representative of the local child
support agency has signed the proposed judgment.

8. Spousal, Partner, and Family Support (If a support order or attorney fees are requested, submit a completed Income and
Expense Declaration (form FL-150) unless a current form is on file. Include your best estimate of the other party’s income.
Check at least one of the following.)
a. ‰I knowingly give up forever any right to receive spousal or partner support.
b. ‰I ask the court to reserve jurisdiction to award spousal or partner support in the future to:
‰ Petitioner ‰ Respondent
c. ‰I ask the court to terminate forever spousal or partner support for: ‰ Petitioner ‰ Respondent
d. ‰Spousal support or domestic partner support should be ordered as set forth in the proposed Judgment (form FL-180)
based on the factors described in:
‰ Spousal or Partner Support Declaration Attachment (form FL-157)
‰ written agreement
‰ attached declaration (Attachment 8d)
e. ‰Family support should be ordered as set forth in the proposed Judgment (form FL-180).
f. ‰Other (specify):

FL-170 [Rev. January 17, 2020] DECLARATION FOR DEFAULT OR UNCONTESTED Page 2 of 3
DISSOLUTION OR LEGAL SEPARATION
WEST, KIMBERLY KARDASHIAN
(Family Law)
 FL-170
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

RESPONDENT: KANYE WEST 21STFL01626

9. ‰ Parentage of the children of the petitioner and respondent born prior to their marriage or domestic partnership should be
ordered as set forth in the proposed Judgment (form FL-180).
a. ‰A voluntary declaration of parentage or paternity is attached.
b. ‰Parentage was previously established by the court in (county):
The case number is (specify):
‰The written agreement of the parties regarding parentage is attached here (Attachment 9b) or to the proposed Judgment
(form FL-180).
10. ‰ Attorney fees should be ordered as set forth in the proposed Judgment (form FL-180).
‰The facts in support of this request are on Request for Attorney's Fees and Costs Attachment (form FL-319).
‰Other (specify facts below):

11. ‰ The judgment should be entered nunc pro tunc for the following reasons (specify):

12. ‰X Petitioner ‰ Respondent requests restoration of the former name as set forth in the proposed Judgment (form FL-180)
(proceedings for dissolution or nullity of marriage only).
13. Irreconcilable differences have led to the irremediable breakdown of the marriage or domestic partnership, and there is no
possibility of saving the marriage or domestic partnership through counseling or other means.
14. This declaration may be reviewed by a commissioner sitting as a temporary judge, who may determine whether to grant this
request or require my appearance under Family Code section 2336.

STATEMENTS IN THIS BOX APPLY ONLY TO DISSOLUTIONS

15. If this is a dissolution of a marriage or domestic partnership created in another state, the petitioner or the respondent has
been a resident of this county for at least three months and of the state of California for at least six months continuously and
immediately preceding the date of the filing of the petition for dissolution of marriage or domestic partnership.

16. I ask that the court grant the request for a judgment of dissolution of marriage or domestic partnership based on irreconcilable
differences and that the court make the orders set forth in the proposed Judgment (form FL-180) submitted with this declaration.

17. ‰
X Status only judgment: This declaration is only for the termination of marital or domestic partner status. I ask the court to
reserve jurisdiction over all other issues not requested in this declaration for later determination.

THIS STATEMENT APPLIES ONLY TO LEGAL SEPARATIONS

18. I ask that the court grant the request of a judgment for legal separation based on irreconcilable differences and that the court
make the orders set forth in the proposed Judgment (form FL-180) submitted with this declaration.

I understand that a judgment of legal separation does not terminate a marriage or domestic partnership, and that I am
still married or a partner in a domestic partnership.

19. ‰ Other (specify):

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Date:

KIMBERLY KARDASHIAN WEST

(TYPE OR PRINT NAME) (SIGNATURE OF DECLARANT)

FL-170 [Rev. January 17, 2020] DECLARATION FOR DEFAULT OR UNCONTESTED Page 3 of 3
DISSOLUTION OR LEGAL SEPARATION
(Family Law) WEST, KIMBERLY KARDASHIAN
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Los Angeles, CA 90067
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 FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

21STFL01626
RESPONDENT: KANYE WEST

BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP

ATTACHMENT TO 
X JUDGMENT (FL-180)  FINDINGS AND ORDER AFTER HEARING (FL-340)
The court grants the request of  X petitioner  respondent to bifurcate and grant a separate trial on the issue of the
dissolution of the status of the marriage or domestic partnership apart from other issues.

Date marital or domestic partnership status ends (specify):

THE COURT FINDS

1. A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has
been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of
disclosure until a later time.

2. Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is
precluded or made unnecessary by applicable law.

THE COURT ORDERS

3. a. To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of
the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party
is a participant:

(1) A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each
party's interest in retirement plan benefits, including survivor and death benefits.
(2) An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
(3) A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the
judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law) (form FL-180)). This
order provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the
marriage or domestic partnership.

Type of order attached

b. Name of plan:
3a(1) 3a(2) 3a(3)
UBS Defined Benefit Plan  
X 
UBS Profit Share Plan  
X 
  
 See attachment 3b for additional plans.
c. The moving party must promptly serve on the retirement or pension plan administrator a copy of any order entered under items
a and b above and a copy of the judgment granting dissolution of the status of the marriage or domestic partnership (form
FL-180).

4. Jurisdiction is reserved for later determination of all other pending issues in this case.

5. The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of
marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's
estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would
have been enforceable before the person's death.

a. 
X Division of property
The X petitioner  respondent must indemnify and hold the other party harmless from any  X taxes,
X reassessments, X interest, and 
X penalties payable by the other party in connection with the division of the
community estate that would not have been payable if the parties were still married or domestic partners at the time the division
was made.
Page 1 of 3

Form Adopted for Mandatory Use BIFURCATION OF STATUS OF MARRIAGE Family Code, §§ 2337, 2610;
Judicial Council of California Probate Code, §§ 160 et seq., 5000 et seq.
FL-347 [January 1, 2018] OR DOMESTIC PARTNERSHIP - ATTACHMENT www.courts.ca.gov

(Family Law) WEST, KIMBERLY KARDASHIAN

 FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

21STFL01626
RESPONDENT: KANYE WEST

5. b. 
X Health insurance
Until judgment has been entered on all remaining issues and has become final, the 
X petitioner  respondent
must maintain all existing health and medical insurance coverage for the other party, and that party must also maintain any
minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the
X petitioner respondent is not eligible to maintain that coverage, that party must, at his or her sole expense,
provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance
coverage to the extent it is available.

If that coverage is not available, the X petitioner  respondent is responsible for paying the health and medical
care for the other party and the minor children to the extent that care would have been covered by the existing insurance
coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party
harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical
insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program.

c. 
X Probate homestead
Until judgment has been entered on all remaining issues and has become final, the  X petitioner  respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the
severance is granted.

d. 
X Probate family allowance
Until judgment has been entered on all remaining issues and has become final, the X petitioner  respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
the loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.

e. 
X Retirement benefits
Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until
judgment has been entered on all remaining issues and has become final, the 
X petitioner  respondent must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the
loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund,
or arrangement, or to any elections or options associated with them, to the extent that the other party would have been entitled
to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the
moving party.

f. 
X Social security benefits
The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in
the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits
or elections as the surviving spouse or surviving domestic partner of the moving party.

g. 
X Beneficiary designation - Nonprobate transfer
XXXXXXXX
Attachment 5(g), Order Re: Beneficiary Designation for Nonprobate Transfer Assets, will remain in effect for each covered
asset until the division of any community interest therein has been completed.

h. 
X Individual Retirement Accounts
XXXXXXXX
Attachment 5(h), Order Re: Division of IRA Under Internal Revenue Code Section 408(d)(6), has been issued to preserve
the ability of X petitioner  respondent to defer distribution of his or her community interest on the death of
the IRA owner.

FL-347 [Rev. January 1, 2018] BIFURCATION OF STATUS OF MARRIAGE Page 2 of 3

OR DOMESTIC PARTNERSHIP - ATTACHMENT

(Family Law) WEST, KIMBERLY KARDASHIAN
 FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

21STFL01626
RESPONDENT: KANYE WEST

5. i.  Enforcement of community property rights

Good cause exists to make additional orders as set out in Family Code section 2337(c)(9). See Attachment 5(i).

j. 
X Other conditions that are just and equitable
Other:

6. Number of pages attached: 1

WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.

FL-347 [Rev. January 1, 2018] BIFURCATION OF STATUS OF MARRIAGE Page 3 of 3

OR DOMESTIC PARTNERSHIP - ATTACHMENT

(Family Law) WEST, KIMBERLY KARDASHIAN
 1 JUDGMENT (MARITAL STATUS ONLY)

2 CONTINUATION OF FL-180

3 The purpose of this Judgment is to terminate the marital status between the parties. The Court

4 bifurcates the issue of the parties’ marital status and terminates the parties’ marital status. The only

5 issue addressed herein is the dissolution of the parties’ marital status. All other issues are reserved.

6 1. The Orders set forth in the attached FL-180 and FL-347 forms are expressly incorporated

7 herein and are part of this Judgment.

8 ORDER

9 Good cause appearing therefor, IT IS SO ORDERED.

10
Dated: ___________________ _________________________________
11 JUDGE OF THE SUPERIOR COURT
12
13
14
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16
17
18
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20
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MARRIAGE OF WEST JUDGMENT (MARITAL STATUS ONLY) CONT. OF FL-180
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LAURA A. WASSER, ESQ./ASHLEY L. MONTGOMERY 173740/291762
Wasser, Cooperman & Mandles, P.C.
2049 Century Park East, Suite 800
Los Angeles, CA 90067
  (310) 277-7117 

   (310) 553-1793



 


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KIMBERLY KARDASHIAN WEST KANYE WEST
c/o Laura A. Wasser Esq./Ashley L. Montgomery, Esq. c/o Christopher C. Melcher, Esq./Steven K. Yoda, Esq.
Wasser, Cooperman & Mandles, P.C. WALZER MELCHER LLP
2049 Century Park East, Suite 800 5941 Variel Avenue
Los Angeles, CA 90067 Woodland Hills, CA 91367
3DJHRI

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WEST, KIMBERLY KARDASHIAN
 

EXHIBIT C
 PETER M. WALZER A *t

WALZER pmw@walzermelcher.com
CHRISTOPHER C. MELCHER A *t
ccm@walzermelcher.com

MELCHERLLP STEVEN K. YODAA*

sky@walzermelcher.com

5941 Variel Avenue Tel: 818.591.3700 KRISTINA L. HOHNEA

Woodland Hills, CA 91367 Fax: 818.591.3774 klh@walzermelcher.com

www.walzermelcher.com CHRISTINA E. D)ORD)EVICH A

ced@walzermelcher.com
ASHLEYW. EDWARDS A
awe@walzermelcher.com
CYNTHIAJ. PONCE
cjp@walzermelcher.com
SARAH A. STECKER
sas@walzermelcher.com
ASHLEY K. QUAN
akq@walzermelcher.com

February 9, 2022

VIAE-MAIL
laura. wasser@wcrnfarnilylaw. corn
ashley.rnontgornery@wcrnfarnilylaw.corn

Laura A. Wasser, Esq.

Ashley L. Montgomery, Esq.
Wasser, Cooperman & Mandles, PC
2049 Century Park East, Suite 800
Los Angeles, CA 90067

Re: Marriage of West, LASC Case No. 21STFL01626

Dear Counsel:

Thank you for revising the proposed Status Only Judgment.

Paragraph 5(g) references an "Order Re: Beneficiary Designation for Non Probate Transfer
Assets [which] will remain in effect for each covered asset. ... " Can you send me the proposed
order?

Paragraph 5(h) says an Order Re: Division ofiRA Under Internal Revenue Code Section
408( d)( 6) has been issued. The order in paragraph 3(b) is different than the one needed for
paragraph 5(h). Can you send me the proposed order?

We are also requesting these additional conditions:

1. Kim to waive the marital privileges under Evidence Code sections 970, 971, and
980, and to obtain a waiver of such rights from any new spouse prior to remarriage,
until a final custody determination has been made;

-'Partner
*Certified Specialist, Family Law, The State Bar of California, Board of Legal Specialization
fFellow of the American Academy of Matrimonial Lawyers
WALZER
MELCHERLLP
Laura A. Wasser, Esq.
Ashley L. Montgomery, Esq.
February 9, 2022
Page 2

2. Any right of reimbursement under Family Code section 2640 by Ye is preserved in

the event either party dies before there is a final judgment on property; and

3. Kim will not transfer assets out of any trust, and defer receipt of any benefit or
other right that occurs under a trust as a result of status being terminated, until there
is a final judgment on propetiy.

We must also meet and confer in preparation for the FCCRC. Please let me know when
you are available this week.

Sincerely,

WALZER MELCHER LLP

~
Cynthia J. Ponce
 

EXHIBIT D
 LAW OFFICES

WASSER, COOPERMAN & MANDLES

PROFESSIONAL CORPORATION
2049 CENTURY PARK EAST, SUITE 800
DENNIS M. WASSER OF COUNSEL
LAURA A. WASSER LOS ANGELES, CALIFORNIA 90067-3110 WILLIAM J. GLUCKSMAN
BRUCE E. COOPERMAN
MELANIE D. MANDLES MARY E. YATES
LAURA LANDESMAN PARALEGAL
JOHN A. FOLEY TELEPHONE: (310) 277-7117
AMY L. RICE FACSIMILE: (310) 553-1793
NAN ZIRAFI
JAY A. POLSTEIN
PARIMA PANDKHOU
RAM F. COGAN
ERICA J. LUBANS
JENNIFER M. RIEMER
JENNIFER R. MORRA
ASHLEY L. MONTGOMERY
JESSICA C. KROUNER
February 15, 2022

VIA E-MAIL
Christopher C. Melcher
Steven K. Yoda
Cynthia Ponce
WALZER MELCHER LLP
5941 Variel Avenue
Woodland Hills, CA 91367

Re: Marriage of West

Counsel:

Thank you for your February 9th letter regarding the Status Only Judgment. We did not
originally check boxes 5(g) or 5(h) of the FL-347 form because we do not believe either applies.
As set forth in the parties’ Prenuptial Agreement, no community property shall be created during
the marriage except in the express manner set forth in that Agreement. No community property
was created. Thus, for example, each party’s IRA or other retirement accounts are his/her
separate property. We will therefore stand on our original filed papers in this regard. We are
enclosing herewith a revised FL-347 form which reflects our above position and incorporates
your requested change regarding our client’s retirement accounts.

We do not agree to your three new conditions. None is necessary given there is no
community estate to be divided. We further note they are unilateral, and not mutual. In any
event, the parties’ property rights, including waiver of Family Code Section 2640 reimbursement
rights, are set forth with clarity in their Prenuptial Agreement, which governs here. We are
agreeable to reciting as an additional condition that the parties’ rights and obligations as set forth
in the Prenuptial Agreement shall remain in full force and effect notwithstanding termination of
marital status.

to Melcher.021522
Christopher C. Melcher
Steven K. Yoda
Cynthia Ponce
Re: Marriage of West
February 15, 2022
Page 2

Let us know if this resolves your concerns so that we may avoid an unnecessary court
appearance.

Sincerely,

ASHLEY L. MONTGOMERY

ALM
cc: Laura A. Wasser, Esq.
Amy L. Rice, Esq.
Kim Kardashian

C:\Users\Erika.Cagliari-Sarka\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\S12D5HNF\to Melcher.021522.docx
 FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

21STFL01626
RESPONDENT: KANYE WEST

BIFURCATION OF STATUS OF MARRIAGE OR DOMESTIC PARTNERSHIP

ATTACHMENT TO 
X JUDGMENT (FL-180)  FINDINGS AND ORDER AFTER HEARING (FL-340)
The court grants the request of  X petitioner  respondent to bifurcate and grant a separate trial on the issue of the
dissolution of the status of the marriage or domestic partnership apart from other issues.

Date marital or domestic partnership status ends (specify):

THE COURT FINDS

1. A preliminary declaration of disclosure with a completed schedule of assets and debts and income and expense declaration has
been served on the nonmoving party, or the parties have stipulated in writing to defer service of the preliminary declaration of
disclosure until a later time.

2. Each retirement or pension plan of the parties has been joined as a party to the proceeding for dissolution unless joinder is
precluded or made unnecessary by applicable law.

THE COURT ORDERS

3. a. To preserve the claims of each party in all retirement plan benefits on entry of judgment granting a dissolution of the status of
the marriage or domestic partnership, the court makes one of the following orders for each retirement plan in which either party
is a participant:

(1) A final domestic relations order or qualified domestic relations order under Family Code section 2610 disposing of each
party's interest in retirement plan benefits, including survivor and death benefits.
(2) An interim order preserving the nonemployee party's right to retirement plan benefits, including survivor and death benefits,
pending entry of judgment on all remaining issues.
(3) A provisional order on Pension Benefits—Attachment to Judgment (form FL-348) incorporated as an attachment to the
judgment of dissolution of the status of marriage or domestic partnership (Judgment (Family Law) (form FL-180)). This
order provisionally awards to each party a one-half interest in all retirement benefits attributable to employment during the
marriage or domestic partnership.

Type of order attached

b. Name of plan:
3a(1) 3a(2) 3a(3)
UBS Defined Benefit Plan  
X 
UBS Profit Share Plan  
X 
  
 See attachment 3b for additional plans.
c. The moving party must promptly serve on the retirement or pension plan administrator a copy of any order entered under items
a and b above and a copy of the judgment granting dissolution of the status of the marriage or domestic partnership (form
FL-180).

4. Jurisdiction is reserved for later determination of all other pending issues in this case.

5. The court makes the following additional orders as conditions for granting the severance on the issue of dissolution of the status of
marriage or domestic partnership. In the case of the moving party's death, the order continues to be binding on that moving party's
estate and will be enforceable against any asset, including the proceeds thereof, to the same extent that these obligations would
have been enforceable before the person's death.

a. 
X Division of property
The X petitioner  respondent must indemnify and hold the other party harmless from any  X taxes,
X reassessments, X interest, and 
X penalties payable by the other party in connection with the division of the
community estate that would not have been payable if the parties were still married or domestic partners at the time the division
was made.
Page 1 of 3

Form Adopted for Mandatory Use BIFURCATION OF STATUS OF MARRIAGE Family Code, §§ 2337, 2610;
Judicial Council of California Probate Code, §§ 160 et seq., 5000 et seq.
FL-347 [January 1, 2018] OR DOMESTIC PARTNERSHIP - ATTACHMENT www.courts.ca.gov

(Family Law) WEST, KIMBERLY KARDASHIAN

 FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

21STFL01626
RESPONDENT: KANYE WEST

5. b. 
X Health insurance
Until judgment has been entered on all remaining issues and has become final, the 
X petitioner  respondent
must maintain all existing health and medical insurance coverage for the other party, and that party must also maintain any
minor children as named dependents, as long as that party is eligible to do so. If at any time during this period the
X petitioner respondent is not eligible to maintain that coverage, that party must, at his or her sole expense,
provide and maintain health and medical insurance coverage that is comparable to the existing health and medical insurance
coverage to the extent it is available.

If that coverage is not available, the X petitioner  respondent is responsible for paying the health and medical
care for the other party and the minor children to the extent that care would have been covered by the existing insurance
coverage but for the dissolution of marital status or domestic partnership, and will otherwise indemnify and hold the other party
harmless from any adverse consequences resulting from the loss or reduction of the existing coverage. "Health and medical
insurance coverage" includes any coverage under any group or individual health or other medical plan, fund, policy, or program.

c. 
X Probate homestead
Until judgment has been entered on all remaining issues and has become final, the  X petitioner  respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
a termination of the other party's right to a probate homestead in the residence in which the other party resides at the time the
severance is granted.

d. 
X Probate family allowance
Until judgment has been entered on all remaining issues and has become final, the X petitioner  respondent
must indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in
the loss of the rights of the other party to a probate family allowance as the surviving spouse or surviving domestic partner.

e. 
X Retirement benefits
Except for any retirement plan, fund, or arrangement identified in any order issued and attached as set out in paragraph 3, until
judgment has been entered on all remaining issues and has become final, the 
X petitioner  respondent must
indemnify and hold the other party harmless from any adverse consequences to the other party if the bifurcation results in the
loss of the other party's rights with respect to any retirement, survivor, or deferred compensation benefits under any plan, fund,
or arrangement, or to any elections or options associated with them, to the extent that the other party would have been entitled
to those benefits or elections as the spouse or surviving spouse or the domestic partner or surviving domestic partner of the
moving party.

f. 
X Social security benefits
The moving party must indemnify and hold the other party harmless from any adverse consequences if the bifurcation results in
the loss of rights to social security benefits or elections to the extent the other party would have been entitled to those benefits
or elections as the surviving spouse or surviving domestic partner of the moving party.

g.  Beneficiary designation - Nonprobate transfer

Attachment 5(g), Order Re: Beneficiary Designation for Nonprobate Transfer Assets, will remain in effect for each covered
asset until the division of any community interest therein has been completed.

h.  Individual Retirement Accounts

Attachment 5(h), Order Re: Division of IRA Under Internal Revenue Code Section 408(d)(6), has been issued to preserve
the ability of  petitioner  respondent to defer distribution of his or her community interest on the death of
the IRA owner.

FL-347 [Rev. January 1, 2018] BIFURCATION OF STATUS OF MARRIAGE Page 2 of 3

OR DOMESTIC PARTNERSHIP - ATTACHMENT

(Family Law) WEST, KIMBERLY KARDASHIAN
 FL-347
PETITIONER: KIMBERLY KARDASHIAN WEST CASE NUMBER:

21STFL01626
RESPONDENT: KANYE WEST

5. i.  Enforcement of community property rights

Good cause exists to make additional orders as set out in Family Code section 2337(c)(9). See Attachment 5(i).

j. 
X Other conditions that are just and equitable
Other:

6. Number of pages attached: 1

WARNING: Judgment (Family Law) (form FL-180) (status only) must be completed in addition to this form for the status of the
marriage or domestic partnership to be ended.

FL-347 [Rev. January 1, 2018] BIFURCATION OF STATUS OF MARRIAGE Page 3 of 3

OR DOMESTIC PARTNERSHIP - ATTACHMENT

(Family Law) WEST, KIMBERLY KARDASHIAN
 1 PROOF OF SERVICE

2 STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
3
I am employed in the County of Los Angeles, State of California. I am over the age of 18
4 and not a party to the within action. My business address is: 5941 Variel Avenue, Woodland
Hills, CA 91367. My electronic service address is annais@walzermelcher.com.
5
On February 16, 2022, I served the foregoing document described as RESPONDENT
6 KANYE WEST’S RESPONSIVE DECLARATION TO REQUEST FOR ORDER RE
SEPARATE TRIAL ON THE TERMINATION OF MARITAL STATUS on the interested
7 parties in this action by placing a true copy thereof in sealed envelope(s) addressed as follows:

8 Laura A. Wasser, Esq.

Ashley L. Montgomery, Esq.
9 Wasser, Cooperman & Mandles, P.C.
2049 Century Park East, Suite 800
10 Los Angeles, CA 90067
laura.wasser@wcmfamilylaw.com
11 ashley.montgomery@wcmfamilylaw.com
Attorneys for Petitioner,
12 Kimberly Kardashian West

13 MESSENGER: I caused the foregoing document to be delivered by messenger to the

above addressee(s).
14
PERSONAL: I delivered such documents by hand to the above party.
15
OVERNIGHT MAIL: I caused such envelope to be delivered by overnight mail to the
16 offices of the addressee(s).

17 BY FACSIMILE: I caused the foregoing document to be transmitted to the facsimile

number of the aforementioned office. The transmission was complete and without error.
18
BY E-MAIL: I sent the attached document via e-mail to the e-mail address stated above.
19
BY MAIL: I am “readily familiar” with the firm’s practice of collection and processing
20 correspondence for mailing. Under that practice, it would be deposited with the U.S. postal
service on that same day with postage thereon fully prepaid at Los Angeles, California, in the
21 ordinary course of business. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after date of deposit
22 for mailing in affidavit.

23 Executed on February 16, 2022 at Woodland Hills, California.

24 STATE I declare under the penalty of perjury under the laws of the State of California that
the above is true and correct.
25
Annais Alba
26 Annais Alba

27

28

WALZER MELCHER LLP