Litt v. Litt

MOORE, P. J.

Basing her action upon extreme cruelty plaintiff demanded an interlocutory decree of divorce, the community property and her support and maintenance. She alleged that the duration of the marriage had been 3 months and 22 days. In addition to his general denial defendant alleged that the parties had theretofore adjusted their property rights by an agreement and that it had been fully consummated. The decree confirmed plaintiff’s ownership of $2,025 and defendant’s separate ownership of a Pontiac sedan in accordance with their property settlement. It was further decreed “That the apartment heretofore occupied by the parties hereto located at 3456]4 Plata Street, Los Angeles, California, is awarded to the plaintiff; that the defendant is hereby ordered to vacate said apartment on or before the 15th of December, 1945.”

The property settlement agreement contained no mention of the apartment. It had for some years been under lease to respondent. She resumed her tenancy after her separation from appellant about September 30, and her possessions were there. A week thereafter appellant called upon and engaged her in conversation relative to the apartment. By falsely stating to her that he was sleeping in his automobile and that he would like to sleep in her apartment until he could find a place, he induced her to submit to his sole occupancy “for a few days” and he remained. Having found such facts the court made the award contained in the quoted paragraph from which defendant appealed.

[244]

In support of his contention that the evidence is “insufficient to support the finding that respondent was entitled to the possession of the apartment” appellant argues (1) that following the marriage they resided in his apartment but respondent insisted that they leave the place and enter the Plata Street apartment; (2) that after the separation he remained in the Plata Street location and paid the rent; (3) that while the parties were in the midst of litigating the issue as to which was entitled to possession of the apartment the court ‘ ‘ decided no more time would be allowed for the matter” and ordered the judgment.

The record discloses that the court was neither abrupt nor arbitrary in hearing the evidence. There was nothing so complex or unusual about the facts as to render them difficult of comprehension or to require a repetition of the testimony. While a trial court must be fair in affording litigants full opportunity to present their proofs