Virginia M. Marten - Page 3




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          superior court issued a modified decree.  The modified decree               
          required Mr. Lane to continue paying the premiums on the policy             
          as directed in the support decree.                                          
               On April 26, 1995, Mr. Lane filed a motion to modify the               
          modified decree.  In a declaration attached to the motion to                
          modify, Mr. Lane asked that he be relieved of the obligation to             
          pay the premiums on the policy.  Mr. Lane claimed that the policy           
          was originally intended to pay for Niklas’ health care if Mr.               
          Lane were to predecease Niklas.  Mr. Lane claimed that Niklas’              
          care had been covered by Medicare and MedCal since 1992;                    
          therefore, the policy was no longer needed.                                 
               On June 19, 1995, Niklas died.  On December 28, 1995, the              
          superior court held a hearing on the motion to modify.  On                  
          January 4, 1996, the superior court issued a Statement of                   
          Intended Decision (the Intended Decision).  In the Intended                 
          Decision, the superior court stated:  “the purpose of the                   
          insurance was to provide for Niklas.”  The superior court,                  
          acknowledging Niklas’ death, relieved Mr. Lane of his obligation            
          to pay the premiums on the policy.  On December 26, 1996, the               
          superior court issued a Judgment after Trial confirming the                 
          Intended Decision.                                                          
               On October 12, 1999, this Court issued its Memorandum                  
          Findings of Fact and Opinion in Marten I, which concluded that              
          premiums paid by Mr. Lane in 1993 and 1994 on the policy                    






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