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Brown v. Brown

Court of Appeal of California, Second District, Division Two
Dec 17, 1971
22 Cal.App.3d 82 (Cal. Ct. App. 1971)

Summary

In Brown, supra, 22 Cal.App.3d 82, for example, a divorce decree ordered that certain stock be divided between the spouses.

Summary of this case from Khorshidi v. Javaheri

Opinion

Docket No. 38362.

December 17, 1971.

Appeal from Superior Court of Los Angeles County, No. D 729 644, Everette M. Porter, Temporary Judge.

Pursuant to Constitution, article VI, section 21.

COUNSEL

Joseph M. Wapner for Plaintiff and Appellant.

Ronald K. Perry for Defendant and Respondent.


OPINION


Beverly Brown obtained a judgment of divorce from Leon Brown in May 1969, and one of the provisions of the judgment ordered that certain New Horizons stock "shall be divided equally" between Beverly and Leon. In July 1969 Beverly sold 475 shares of New Horizon stock for $11,680 and paid $1,086 of that amount to Leon. On 9 April 1970 the trial court ordered Beverly to pay Leon the unpaid portion of his half of the proceeds of the sale of the New Horizons stock ($4,754.)

(1a) Beverly has appealed the April order, contending the trial court was without jurisdiction to make the order. She argues that the original judgment contained no provision for enforcement of the order directing division of the New Horizons stock, and therefore the April order either modified the original judgment or amounted to a new judgment. Since the original judgment had become final it could not be modified; and since a new trial had not been granted a new judgment could not be entered.

We do not accept Beverly's interpretation of the trial court's original judgment. The judgment of the trial court did not merely state the respective rights of the parties but it mandated an affirmative division of the stock. In its April order the trial court did not modify its judgment or create a new judgment, but it merely implemented the existing order to divide the stock.

(2) Every court has power to compel obedience to its judgments and orders (Code Civ. Proc., §§ 128, subd. 4, 177), and a court of equity retains inherent jurisdiction to oversee and enforce execution of its decrees. (Witkin, Cal. Procedure (2d ed. 1970) Judgments, § 79, p. 3240; see, e.g. Lesser Son v. Seymour, 35 Cal.2d 494, 500 [ 218 P.2d 536]; Green Trees Enterprises v. Palm Springs Alpine Estates, 66 Cal.2d 782, 788 [ 59 Cal.Rptr. 141, 427 P.2d 805]; Vallelunga v. Gomes, 102 Cal.App.2d 374, 382 [ 227 P.2d 550].) Under the circumstances it would have been reasonless for the trial court to bring about unnecessary litigation and delay an inevitable result by requiring Leon to initiate a new action against Beverly to obtain what was already his under the existing judgment. (1b) Beverly's substantive rights were fully protected, for before issuance of the 9 April 1970 order the trial court gave Beverly an opportunity to present any counterclaim or defense which might have arisen since the original judgment was entered and which might have defeated Leon's right to immediate possession of half of the proceeds of the stock sale.

The order is affirmed.

Herndon, Acting P.J., and Compton, J., concurred.

A petition for a rehearing was denied January 18, 1972.


Summaries of

Brown v. Brown

Court of Appeal of California, Second District, Division Two
Dec 17, 1971
22 Cal.App.3d 82 (Cal. Ct. App. 1971)

In Brown, supra, 22 Cal.App.3d 82, for example, a divorce decree ordered that certain stock be divided between the spouses.

Summary of this case from Khorshidi v. Javaheri

addressing family court's post-judgment jurisdiction to order spouse to pay community share of proceeds from community stock sale

Summary of this case from Q.Y.J. v. R.T.

In Brown v. Brown, supra, 22 Cal.App.3d at page 83, Beverly Brown and Leon Brown's divorce judgment provided that their stock in a particular company "'shall be divided equally.'"

Summary of this case from Hawley v. Hawley

In Brown v. Brown, 22 Cal.App.3d 82, 83 [ 99 Cal.Rptr. 311], a judgment of divorce ordered that certain stock "shall be divided equally."

Summary of this case from Bonner v. Superior Court

In Brown there was a clear violation by appellant wife of the judgment that specifically ordered that certain New Horizons stock "shall be divided equally" between the parties (p. 83), and the trial court so found.

Summary of this case from Vanderstok v. Bank of America
Case details for

Brown v. Brown

Case Details

Full title:BEVERLY D. BROWN, Plaintiff and Appellant, v. LEON BASIL BROWN, Defendant…

Court:Court of Appeal of California, Second District, Division Two

Date published: Dec 17, 1971

Citations

22 Cal.App.3d 82 (Cal. Ct. App. 1971)
99 Cal. Rptr. 311

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