My question involves divorce in the State of: California

Ex Wife returned her wedding ring before I filed for divorce because she cheated. That was in February of 2007, I filed in May 2007, divorce was final in November 2007.

Now, 3+ years later, today in fact, I am served a small claims summons for the purchase price of the ring, which conveniently was the same as California's small claim cap of $7500.

I told her that I am keeping it for our daughter, to give her when she is an adult (18) to do with it as she wants. She has long accepted this idea, but constantly asked to see the ring to make sure I hadn't sold it or modified it. I have, on occasion, complied, but she asks every few months.

The ring is not the one I gave her at engagement, she lost that one after 3 years, and this one was bought during our 7th year of marriage.

There is no specific mention of this ring in the marriage settlement, only that items, such as jewelry were to be divided equitably, and, personal items retained by their respective owner.

I have a few specific questions:
1. Hasn't the statute of limitations run out on her claim?

There was no verbal agreement to give it back to her (2 years SOL). The SOL on being defrauded is 3 years, according to the small claims site. Does the divorce decree represent a written contract, which has an SOL of 4 years?

2. Is this really a matter for small claims, or can I ask it to be dismissed because she needs to take it to family court for a contempt action?

3. Is the judge just likely to ask me to return the ring, or will he make me pay the purchase price (assuming I have the original appraisal and a reappraisal to prove it has the same value)?


Thanks!