Lane v. Bradley

DOOLING, J.

Defendant, James Bradley, appeals by a settled statement from the minute order denying his motion to quash a writ of execution and from the order, included in a memorandum opinion, denying his motion to set aside the minute order.

In May 1946, appellant and respondent entered into a separation agreement. Respondent was granted a Nevada divorce decree in June 1946, the decree referring to the agreement and ordering the parties to fully perform all of its provisions. Thereafter, respondent obtained a judgment in the Superior Court in and for the City and County of San Francisco (by Judge Cronin) decreeing that the Nevada decree be established as a judgment of the courts of California and ordering the parties to fully perform all obligations provided for in the Nevada decree. This judgment was affirmed by this court.

(Lane

v.

Bradley,

124 Cal.App.2d 661 [268 P.2d 1092].)

The settlement agreement, among other things, provided that appellant pay to respondent 40 per cent of his net income commencing January 1, 1947, exclusive of capital gains and losses and distributions out of capital but before deduction of income taxes and charitable contributions, less 1 per cent of such net income for each 1,000 shares of 40,000 shares of certain mining company stock sold pursuant to provisions of the agreement. None of these shares has been sold.

To enforce the 40 per cent payment, respondent instituted a contempt proceeding. The trial court (Judge Sweigert) found that the sum of $46,900 was due and owing to respondent and on August 26, 1955, entered an order finding appellant to be in contempt for failure to pay this amount. On November 10, 1955, the court made a further order incorporating the August 26 order and setting forth the manner by which appellant could be purged of his contempt. It was ordered that if appellant failed to so purge his contempt he should be imprisoned. A writ of certiorari was issued by the Supreme Court for the purpose of reviewing the contempt order. The Supreme Court found that the evidence supported the trial court’s interpretation of the settlement agreement stating that

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