Bruce v. Bruce

VALLÉE, J.

Appeal by defendant from an interlocutory judgment adjudging that plaintiff is entitled to a divorce. The court found that on September 23, 1946, defendant willfully and without cause deserted plaintiff, and that the desertion continued more than one year.

The specifications of error are: 1. The findings are not supported by evidence. 2. The place of living chosen by plaintiff was not reasonable. 3. The court should have permitted the answer to be amended. 4. Plaintiff failed to prove and corroborate jurisdictional grounds. 5. “ Attorney’s Pees. ’ ’

The parties were married in 1918. They have two boys. Prom 1938 to the trial, plaintiff was employed in San Praneisquito Canyon in Los Angeles County. In 1938, the parties with their boys resided a few miles away. Their youngest boy was then 17 years of age; the other, 20. In December, 1938, defendant and the boys moved to Los Angeles for better educational facilities. On his days off, plaintiff visited them. In 1942, a house at plaintiff’s place of employment in San Praneisquito Canyon was made available to him and the family. It consisted of five rooms and a bath; was electrically equipped; and partly furnished. Plaintiff moved in, described the house and surroundings to defendant, and asked her to go from Los Angeles to San Praneisquito Canyon and live.with him there. He repeated the request a number of times until September, 1946. Defendant refused to go on each occasion. One of the boys married in 1943; the other, in 1944. The parties did not live together after September 24, 1946. The foregoing evidence is sufficient to support the finding of willful desertion. (Civ. Code, §§ 95, 96, 100, 103;

Brown

v.

Brown,

92 Cal.App. 276 [268 P. 401];

Hardenbergh

v.

Hardenbergh,

14 Cal. 654;

Goucher

v.

Goucher,

82 Cal.App. 449 [255 P. 892];

Mohn

v.

Sumner,

48 Cal.App. 314 [191 P. 991].)