Duff v. Duff

California Court of Appeal Dec 8, 1967 No. Civ. No. 8377Published

Before: McCabe

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Holding. The trial court's judgment was reversed because it failed to make required findings of fact on the material affirmative defenses of the statute of limitations and laches, and because the court lacked jurisdiction to modify the judgment after it had been regularly entered.

Issues

Whether the trial court erred by failing to make findings on material affirmative defenses of the statute of limitations and laches.
Whether the trial court retained jurisdiction to modify or vacate a judgment after it had been regularly entered.
Whether the trial court's findings of fact were sufficient to support the judgment.

Disposition. reversed

Quotations verified verbatim against the opinion

“Written findings are required on all material issues raised by the pleadings and evidence, unless they are waived, and if the trial court renders judgment without making findings on all material issues, the case must be reversed on appeal.”

“When the judgment was regularly entered on March 2, 1966, supported by findings and conclusions of law, the court lost further jurisdiction to modify or vacate it.”

256 Cal.App.2d 781 (1967) HAZEL B. DUFF, Plaintiff and Respondent,

JOHN E. DUFF, Defendant and Appellant.

Civ. No. 8377. California Court of Appeals. Fourth Dist., Div. Two.

Dec. 8, 1967. Harwood, Hofferman, Soden & Corfman and Robert L. Corfman for Defendant and Appellant.

Gilbert & Malmuth and Joseph I. Wedeen for Plaintiff and Respondent.

McCABE, P. J.

Appeal from judgment in favor of the plaintiff in the amount of $14,070, together with interest at the legal rate from November 26, 1946, to January 26, 1966, aggregating a total judgment of $32,948, entered in the Superior Court in and for the County of Orange on April 8, 1966.

Plaintiff and defendant herein, formerly husband and wife, were married in New York City in 1920. Their marriage endured until December 29, 1941, when Mrs. Duff instituted an action to terminate this relationship in White Plains, New York. On January 12, 1942, the order to show cause came on regularly for hearing, and the defendant, John Duff, personally appearing in that action in propria persona, was ordered to pay the plaintiff $70 per week "for her maintenance and support" commencing on that date. Some payments were made during the period 1942 to 1944. In 1943 the defendant entered the armed forces and the plaintiff was unable to locate him until 1946, when she located him in California.

The 1946 action to enforce the 1942 order of the New York [783] court was filed in Los Angeles County on June 5, 1946. An order to show cause issued out of that proceeding, which was heard on August 15, 1946. The court granted no relief to Mrs. Duff. Defendant, Mr. Duff, filed his answer to the 1946 proceeding on September 5, 1946, by which the issues were joined.

Preceding these events, on May 24, 1946, Mr. Duff prepared and signed the following: "I, John E. Duff, herewith agree to pay Hazel B. Duff the sum of Fifteen Dollars a week from the above date until such time as she remarries."

On July 31, 1946, in Los Angeles County, Mr. Duff filed an action for divorce. Mrs. Duff was served and defaulted. The interlocutory decree was entered November 25, 1946, and the final decree entered on December 12, 1947.

Duff v. Duff

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