Dimarco v. Dimarco

PEEK.

I dissent: I cannot agree with the conclusion of the majority opinion that the provisions for support of the wife in the property settlement agreement before us are, as a matter of law, an integral part of the parties’ disposition in that agreement of their community property. I would affirm .the ruling of the trial court which was based upon conflicting extrinsic evidence (set forth in part, infra) of the parties’ intent that the agreement was not integrated. (Messenger v. Messenger, 46 Cal.2d 619, 626-627 [297 P.2d 988]; Fox v. Fox, 42 Cal.2d 49, 52 [265 P.2d 881].)

In Plumer v. Plumer,…