Gleason v. Gleason

California Court of Appeal Apr 15, 1936 No. Civ. 10930Published

Before: Gould

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Holding. The court held that the evidence was insufficient to support a divorce decree because the plaintiff failed to provide the required corroboration of material facts regarding the alleged extreme cruelty. Additionally, the trial court erred by failing to make findings or render judgment on the defendant's cross-complaint.

Issues

Whether there was sufficient corroborating evidence to sustain a divorce decree on the ground of extreme cruelty.
Whether the trial court erred in failing to make findings or render judgment on the defendant's cross-complaint.

Disposition. Reversed

Quotations verified verbatim against the opinion

“the general rule is that there must be corroboration as to “at least a considerable number of important and material facts”.”

“aside from corroboration as to the residence of respondent for the statutory period there is almost a complete lack of corroborative testimony bearing upon any material matter.”

“No findings with respect to its allegations were made and no judgment was rendered as to it.”

GOULD, J., pro tem.

It is a primary tenet of California divorce law that no divorce can be granted upon the uncorroborated statement, admission or testimony of the parties. (Civ. Code, sec. 130.) True, it has been held that this provision is mainly for the purpose of preventing collusion

(Andrews

Andrews,

120 Cal. 184 [52 Pac. 298]); and even though the corroboration need not be as to all matters alleged in an action for divorce on the ground of extreme cruelty

(Avery

Avery,

148 Cal. 239 [82 Pac. 967]), yet the general rule is that there must be corroboration as to “at least a considerable number of important and material facts”.

(Wolff

Wolff,

102 Cal. 433 [36 Pac. 767, 1037].)

In the within action for divorce upon the ground of extreme cruelty the court granted plaintiff husband a decree, and defendant wife appeals upon the sole ground that there was insufficient corroborating evidence to sustain such action. Prior to the commencement of this suit the wife, on June 26, 1933, obtained an interlocutory decree of divorce from respondent upon the ground of extreme cruelty; they later became reconciled and in November of that year started to live together again, the husband signing a statement to the effect that he sincerely regretted his past actions and that he would give his wife no future cause for divorce. Less than two months thereafter the husband filed the action here under

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consideration, to the complete surprise of the wife, she testified.

We have examined the record carefully, and aside from corroboration as to the residence of respondent for the statutory period there is almost a complete lack of corroborative testimony bearing upon any material matter. The corroboration claimed by respondent is only in the testimony of one witness, Young, and he supports respondent’s charges of extreme cruelty only in quite inconsequential points. In fact, the only tangible shred of corroboration in his testimony is his statement that appellant, in the presence of the witness and respondent, stated that “she believed that all he [her husband] was doing was just being damned onery, getting her to move’’. We cannot reach the conclusion that the corroboration required by law is present in this case.

Gleason v. Gleason

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