Stevenson v. Superior Court

TOBRINER, J.

Mabel Stevenson, widow and executrix of the will and estate of Joseph Stevenson, plaintiff and cross-defendant in a divorce action with Helen Stevenson, has filed her petition for writs of mandate and prohibition to require the Superior Court of Sonoma County to terminate proceedings in that divorce action. Following our decision in

McClenny

v.

Superior Court

(1964)

ante,

p. 140 [41 Cal.Rptr. 460, 396 P.2d 916], which we have decided recently, we have concluded that the petition should be denied.

Joseph Stevenson brought an action for divorce and for a determination and division of the community property against Helen Stevenson, who answered and cross-complained, also seeking a divorce and a determination and division of the community property. On March 1, 1957, the Superior

[152]

Court of Sonoma County entered an interlocutory decree of divorce in favor of Helen Stevenson upon the ground of extreme cruelty. The decree expressly reserved for further proceedings determination of the community property rights of the parties. On March 3, 1958, the court entered a final divorce decree, but again reserved jurisdiction to determine the rights of the parties in the community property. On the same day Joseph married Mabel Stevenson, the present petitioner. On November 6, 1960, Joseph died; at the time of his death the court still had not divided the community property.

Helen Stevenson thereafter notified the court of Joseph’s death and moved for an order substituting Mabel Stevenson as a party to the action. Petitioner objected to the motion, contending that Joseph’s death abated the divorce action and terminated the court’s jurisdiction to divide the community property. On October 18, 1962, the court ruled that it retained jurisdiction to proceed with the action. On May 22, 1964, it issued its order determining that Helen Stevenson was entitled to approximately 75 per cent of the community property and the estate of Joseph to approximately 25 per cent.