Bowman

Celia Bowman appeals the court’s order dismissing her complaint and entering judgment for Mary Bowman pursuant to Code of Civil Procedure section 437c. We are asked to decide whether the court erred in applying the terminable interest rule to defeat Celia’s community interest in her deceased former husband’s employment pension plan benefits. We also consider whether In re Marriage of Lorenz (1983) 146 Cal.App.3d 464 [ 194 Cal.Rptr. 237 ] precludes her from collecting any of the term life insurance proceeds. We hold the terminable interest rule is inapplicable to a private pension plan which is nonrestrictive in its choice of beneficiaries. And we find the trial court erred in concluding Celia had no community property interest in a life insurance policy partially funded with community funds.

Our inquiry does not end with these determinations. Mary has also alleged there were many other reasons prohibiting Celia from collecting any of her community interest in either proceeds. She renews these arguments on appeal. Some of these can be decided as a matter of law and those we address. The others, however, require factual determinations, and with those we proceed only as a…