Martins

Petitioner Hamilton C. Martins (hereafter Hamilton) seeks to prohibit the Marin County Superior Court from enforcing contempt orders against him for failure to pay certain sums due under a “Marital Settlement Agreement” with real party in interest Corienne A. Martins (hereafter Corienne).

As relevant to the contentions of the parties, the agreement provided:

Thereafter, on April 2, 1969, a decree was entered in an annulment action brought by Corienne which provided that the agreement was “hereby approved, incorporated herein and made a part of this judgment, and plaintiff and defendant are ordered to perform all executory terms and conditions of said Marital Settlement Agreement.”

The agreement’s references to “integrated agreement” were undoubtedly intended in the sense used in Bradley v. Superior Court, 48 Cal.2d 509 [ 310 P.2d 634 ], and Plumer v. Superior Court, 50 Cal.2d 631 [ 328 P.2d 193 ], where property settlement and support provisions were found to be unseverable and therefore “integrated.” Bradley and Plumer held that such an integrated agreement, even though incorporated in a divorce decree by an express order to make the payments therein provided, was to be…