Legal Opinion

Janish v. Trearse

California Court of Appeal

Decided October 30, 1987No. C000331PublishedCited by 2 opinions

1Opinion of the Court

*1191Opinion

SIMS, J.

In this case, we hold that extrinsic evidence was properly admitted by the trial court to determine the meaning of an ambiguous term in a stipulated interlocutory judgment of dissolution of marriage. To the extent that In re Marriage of Benson (1985). 171 Cal.App.3d 907 [217 Cal.Rptr. 589] would dictate a contrary conclusion, we respectfully decline to follow it.

Procedural Background

In 1972, on the day Elizabeth’s marital dissolution action was to go to trial, she and her husband Albert reached “an oral stipulation in settlement of the division of community property, payment of…

2Cases cited17 opinions

  1. Pacific Gas & Electric Co. v. G. W. Thomas Drayage & Rigging Co.California Supreme Court · 1968
  2. Flynn v. FlynnCalifornia Supreme Court · 1954
  3. Pacific Gas & Electric Co. v. ZuckermanCalifornia Court of Appeal · 1987
  4. Plumer v. PlumerCalifornia Supreme Court · 1957
  5. Casas v. ThompsonCalifornia Supreme Court · 1986

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3Cited by2 opinions

  1. Webster v. ReganNorth Dakota Supreme Court · 2000
  2. Webster v. ReganNorth Dakota Supreme Court · 2000

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