In Re Marriage of Trearse

In this case, we hold that extrinsic evidence was properly admitted by the trial court to determine the meaning of an ambiguous term in a stipulated interlocutory judgment of dissolution of marriage. To the extent that In re Marriage of Benson (1985) 171 Cal. App.3d 907 [ 217 Cal. Rptr. 589 ] would dictate a contrary conclusion, we respectfully decline to follow it.

In 1972, on the day Elizabeth's marital dissolution action was to go to trial, she and her husband Albert reached "an oral stipulation in settlement of the division of community property, payment of community debts, Spousal Support, etc." The terms of the agreement were set forth in the minutes of the court. A few months later, a stipulated interlocutory judgment of dissolution was entered that fairly reflected the recitation in the clerk's minutes. The stipulated judgment is set forth in a five-page writing prepared by Elizabeth's counsel and approved as to form by Albert's counsel. It provides in pertinent part: "[Albert] is to pay [Elizabeth] the sum of $115.00 per month as spousal support until the death of one of the parties. This sum is to be increased or decreased by 10% of any increase or…