Gottlieb v. Superior Court

California Court of Appeal Mar 2, 1959 No. Civ. 23645Published

Before: Nourse

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Holding. The court held that the contempt judgment was void because the underlying provision in the property settlement agreement was too uncertain and ambiguous to be enforceable by contempt, and the trial court lacked jurisdiction to issue an injunction regarding a contractual matter not at issue in the divorce proceedings.

Issues

Whether a provision in a property settlement agreement prohibiting 'molestation or annoyance' is sufficiently certain to support a contempt judgment.
Whether the trial court had jurisdiction to enjoin conduct not at issue in the underlying divorce action.
Whether the final decree of divorce effectively dissolved the injunction contained in the interlocutory decree.

Disposition. annulled

Quotations verified verbatim against the opinion

“Before a party may be held in contempt of an order of the court, “the acts constituting the contempt must be clearly and specifically prohibited by the terms of the injunction,””

“this paragraph is too uncertain and ambiguous to be enforceable through a proceeding in contempt.”

“the court was without power to determine that issue and its judgment as to it was in excess of its jurisdiction.”

NOURSE, J. pro tem.

†

her petition herein, petitioner seeks to review the proceedings through which she was held in contempt of the respondent court and to annul the judgment of contempt.

The relevant facts shown by the return to the writ heretofore issued are: On November 5, 1952, petitioner commenced an action for divorce against her husband Robert, upon the ground of mental cruelty. By her complaint she prayed for a divorce, a division of community property, alimony, support for the minor children of the parties; that in the event

“a

property settlement agreement” should be arrived at with her

[311]

husband, the same be approved by the court and incorporated in any decree entered in the action and that her husband be restrained from annoying, harming or threatening her. The defendant did not appear in this action and his default was entered. On March 13, 1953, petitioner and her husband entered into an agreement denominated “Property Settlement Agreement. ’ ’

By paragraph 21 of this agreement the parties agreed that it was their intent to make a full and final adjustment “of all their property rights, interests and claims. ’ ’ By paragraph 23 it was agreed that the agreement should be presented to the court for its approval in the above mentioned action brought by the wife for divorce, but if not so presented should, nevertheless, be effective as a contract between the parties. By paragraph 24 it was agreed that the contract should not be altered, amended or modified save by an instrument in writing executed by the parties. Paragraph 26 of the agreement reads as follows: “Neither of the parties shall molest or annoy the other, or compel or attempt to compel the other to cohabit or to dwell with him or her, as the case may be, by any legal or other proceedings, for restoration of conjugal rights or otherwise.”

On April 22, 1953, the action for divorce brought by petitioner was heard as a default matter and on the 24th of April an interlocutory judgment of divorce was entered. This judgment, in addition to decreeing that plaintiff was entitled to a divorce from Robert, decreed “the

property settlement agreement

Gottlieb v. Superior Court

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