In Re Marriage of Wright

Opinion

ANDREEN, J.

The parties to this appeal were husband and wife. They entered into a property settlement agreement which neither discussed nor disposed of a sum of money paid to husband as severance pay. Wife instituted a proceeding under section 473 of the Code of Civil Procedure to obtain one-half of the amount paid. She prevailed in the trial court and husband appeals. Even if this had been a separate action, the dissolution proceeding would not have been res judicata. (Miller v. Miller (1981) 117 Cal.App.3d 366 [172 Cal.Rptr. 745].)

The primary question raised by this appeal is whether…