Schwartz v. Schwartz

OPINION

The principal issue presented in this appeal from the judgment below dismissing appellant-plaintiff’s complaint is whether the affirmative defense of res judicata, upon which the dismissal was predicated, was properly before the court. We hold that it was not, and therefore reverse and remand for a new hearing.

THE FACTS

Appellant initiated this action, seeking amounts she claimed were due from respondent, her former husband, under a California decree of divorce entered in 1965 and a subsequent stipulation filed by the parties in Los Angeles Superior Court in 1973, as spousal and child…