California Court of Appeal

In an action concerning a post-judgment ruling pursuant to terms of a marriage settlement agreement, judgment denying a spouse further payments of proceeds from the sale of family residence is reversed and remanded where: 1) no evidence in the record showed that that husband communicated his intent that a payment of $25,000 be an accord and satisfaction of his debt to the wife under the judgment; and 2) the trial court erred in ruling on the issue of waiver when waiver was not at issue during a long cause hearing.

Appellate Information

• Decided 04/01/2008
• Published 04/01/2008

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Codekas Family Law and Katherine Codekas for Appellant.


• For Appellees:
  
• Boyd & Kimball and Betsy S. Kimball for Respondent.