Price v. Price

MoCOMB, J.

Defendant appeals from an interlocutory decree of divorce entered in favor of plaintiff predicated upon extreme cruelty of defendant.

The evidence being viewed in the light most favorable to the plaintiff (respondent), and pursuant to the rules set forth in

Estate of Isenberg,

63 Cal.App.2d 214, 216 et seq. [146 P.2d 424], the essential facts are:

Defendant on numerous occasions struck and kicked plaintiff; pointed a gun at plaintiff and on one occasion had her arrested.

The trial court found that the community property consisted of (1) $2,800 (maturity value) of war bonds, (2) a 1942 De Soto automobile, (3) household furniture, (4) two milk trucks, (5) a milk business, and (6) $286 in cash.

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The court awarded plaintiff the sum of $2,500 and also her personal effects. The court gave defendant the furniture in his possession, the 1942 De Soto automobile, the two trucks and the milk business. No disposition was made of the war bonds nor the cash of $286.

Defendant relies for reversal of the judgment on four propositions which will be stated and answered hereunder seriatim:

First:

There is not sufficient evidence to sustain the finding that defendant was extremely cruel to plaintiff.

This proposition is untenable. Plaintiff testified that defendant struck her, threw her clothing on the floor, kicked her and pointed a gun at her; also that he had caused her to be arrested. This evidence, if believed, as it was by the trial judge, was substantial evidence to sustain the trial court’s finding that defendant was extremely cruel to plaintiff.

Second:

There is not any corroborative evidence of the acts of extreme cruelty.

This proposition is likewise untenable. Mrs. Dorothy S. Farrel, the sister of the plaintiff, testified that she had heard defendant threaten to strike plaintiff and that she had seen marks and bruises on the arms and face and other parts of the body of plaintiff which plaintiff stated were caused by defendant. She further testified that plaintiff became very nervous and upset as the result of these beatings.