Irwin v. Irwin

Opinion

GARGANO, Acting P. J.

Defendant Larry B. Irwin appeals from a judgment of the Superior Court of Merced County declaring that plaintiff Marianne T. Irwin, defendant’s former wife, has a 37 Vi percent interest in defendant’s retirement pension. His only contention in this appeal is that under the doctrine of res judicata the instant action brought by plaintiff to establish her interest in defendant’s retirement pension was barred by a prior judgment dissolving the parties’ marriage. We recite the facts briefly.

Plaintiff and defendant were married on January 3, 1953; they separated almost…