In Re Marriage of Snyder

California Court of Appeal Jul 30, 1979 No. Civ. 18307Published

Before: Brown (Gerald)

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Holding. The court held that a demurrer based on res judicata is improper when the record does not show that unadjudicated community property was intentionally omitted or previously litigated, allowing the spouse to pursue a claim for those assets.

Issues

Whether the doctrine of res judicata bars a subsequent action for the division of retirement benefits not mentioned in a prior dissolution decree.
Whether a demurrer is the appropriate procedural stage to determine if res judicata applies to unadjudicated community property.

Disposition. reversed

Quotations verified verbatim against the opinion

“The application of the doctrine of res judicata cannot be made on inference or surmise”

“Under these circumstances, res judicata cannot apply.”

“Our decision rejecting the application of res judicata at the demurrer stage in this appeal should not be construed as holding Lyla is necessarily entitled to one-half the retirement benefits of her former husband.”

[638]

Opinion

BROWN (Gerald), P. J.

Lyla Jean Snyder appeals the order dismissing her complaint after the court sustained Stanley Gene Snyder’s demurrer without leave to amend on the basis of res judicata, resting its decision on

Kelley

(1977) 73 Cal.App.3d 672 [141 Cal.Rptr. 33],

The couple were married in 1950, legally separated in 1972, and a final judgment of dissolution of marriage was entered on April 12, 1974, at which time Stanley’s vested, matured retirement benefits went to him when they were not mentioned in the court’s decree. Lyla now claims a one-half interest in those benefits. This recurring question has arisen in different factual and legal contexts. (See

Kelley

Kelley, supra,

73 Cal.App.3d 672;

Bodle

(1978) 76 Cal.App.3d 758 [143 Cal.Rptr. 115];

Lewis

Superior Court

(1978) 77 Cal.App.3d 844 [144 Cal.Rptr. 1];

Bridges

(1978) 82 Cal.App.3d 976 [147 Cal.Rptr. 471];

Sangiolo

(1978) 87 Cal.App.3d 511 [151 Cal.Rptr. 27]; and, although requested, our Supreme Court has left unresolved the perceived conflict in the decisions.) (See discussion, 3 Cal. Family Law Report, Nos. 2, 3 (Jan. 15 and 29, 1979) pp. 1014-1018.)

In Re Marriage of Snyder

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