Gunderson v. Gunderson

WILLIS, J.,

pro tem.

The parties herein were formerly husband and wife. In 1927, by judgment of a court of the state of Minnesota, they were divorced, and by the decree therein it was adjudged that the husband, appellant herein, should pay to respondent for the support of herself and a minor son the sum of $300 per month, commencing September 1, 1927, until such time as respondent remarries; and that should she remarry, then appellant was to pay to her the sum of $150 per month for the support of the minor son, while the son lived with her and until he attained the age of twenty-one years. It was further adjudged that appellant should carry and keep in force upon his own life $30,000 of life insurance, with respondent as beneficiary, not to be changed except in the event that respondent remarry, and in that event the appellant would be permitted to change the beneficiary from respondent to the minor son; that appellant should pay all premiums thereon when due and deliver to respondent the receipts for such payments; that appellant should obtain and carry and keep in force a policy of life insurance in the sum of $10,000, with the minor son as beneficiary therein, on which

[259]

appellant should pay all premiums when due and furnish respondent the written evidence of such payments.

By an amended complaint filed October 20, 1929, in the Superior Court of Los Angeles County, respondent set forth the judgment above referred to

in haec verba,

and alleged that appellant had failed to pay any sum required thereby except the sum of $200 per month from November 1, 1928, to October 1, 1929, inclusive, and that there was unpaid the sum of $100 per month for the months above mentioned, amounting to the sum of $1200; and further alleging that appellant had failed to deliver receipts for premiums paid on the $30,000 insurance policy. In a second cause of action she complains that appellant had failed to comply with the dictates of the decree of the Minnesota court in respect to the $10,000 insurance policy, and has refused and still refuses to furnish respondent with any written evidence of payment of premiums on said policy. To this complaint and to each cause therein appellant interposed a general demurrer, and a special demurrer on the grounds of ambiguity and uncertainty in respect to the validity of the divorce decree and whether respondent had remarried, and whether respondent had ever demanded or requested delivery of the receipts for premiums on the two insurance policies. The demurrer was overruled, and appellant having declined to answer, his default was entered, and on December 16, 1929, after hearing the evidence, the court entered judgment against appellant for the sum of $1100 with certain specified interest thereon, and that appellant keep in .full force the $30,000 insurance policy, respondent to be named therein as beneficiary, and that receipts for premiums thereon be delivered to respondent; and further, that appellant keep in' full force the $10,000 policy with the minor son as beneficiary therein, and deliver to respondent receipts showing payment of premiums thereon.