California Court of Appeal

In marital dissolution proceedings involving the division of property interests in the husband's military pension, the trial court's modification of the judgment to divide the pension according to the "time rule" is reversed, where: 1) the trial court had no jurisdiction to modify the judgment under the relevant statutes of limitations; 2) the omitted-asset exception to the statutes of limitation did not apply, as the words of the judgment expressly divided the entire pension; and 3) the extrinsic-mistake exception did not apply, as the judgment was not unlawful and any mistake by the wife was intrinsic.

Appellate Information

• Decided 02/10/2012
• Published 02/10/2012

Judges

• Premo

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Syda Kosofsky