Housewife Turns Over Lottery Winnings as Result of Lawsuit

A Newport Beach housewife who won $100,000 in the California Lottery turned over nearly all of her winnings to an Orange County deputy marshal this week as a result of a lawsuit against her husband.

It marked the first time since the state lottery began in October that a winner has been forced--even temporarily--to hand over the prize money.

Sharon Nunez, 29, had been under court order not to spend most of her $80,000 lottery check ($20,000 went to taxes) until a December hearing is held on whether the court will allow the money to be held pending settlement of a lawsuit filed against her husband, Raul Nunez Jr., by a firm that alleges he breached a lease agreement.

Despite the court order, she cashed her lottery check at a bank in Orange last Friday, receiving $79,000 in cashier’s checks and $1,000 in traveler’s checks. According to the vice president of the bank, Sharon Nunez left the bank with all but a $6,000 cashier’s check, which she deposited in an account.

According to Orange County Marshal James Byham, Nunez told a deputy who arrived at her home Tuesday night with a writ of attachment that she already had spent $1,000 of her prize money--the traveler’s checks. After telephoning her attorney, Byham said, Nunez surrendered $73,000 in cashier’s checks. The money will be placed in a county trust, Byham said. He said also that the $6,000 on deposit at the bank was frozen.

The Perry Morris Corp. filed a $250,000 suit against Raul Nunez Jr. on Nov. 13, charging that he had failed to pay rent on equipment used in three of his Kaplan’s restaurants.