In Re Marriage of Herrmann

Good Law
148 Cal. Rptr. 550·1978 Cal. App. LEXIS 1873·84 Cal. App. 3d 361
Court of Appeal of CaliforniaAugust 29, 1978Civ. 52469California2,103 words

Opinion

Opinion

Hastings, J.

An interlocutory judgment of dissolution of marriage between Frederick R. Herrmann (Frederick) and Mary Herrmann (Mary) was entered on January 6, 1977. This judgment awarded to Mary the care, custody and control of Michael Bruce Herrmann (Michael), age five, and ordered Frederick to pay Mary as child support $200 per month, and spousal support in the sum of $300 per month for one year, then $150 per month for the next two years, and $1 for one year thereafter, at the end of which spousal support shall terminate. This judgment also distributed in kind certain items of the community property to Frederick and other items to Mary. The judgment then referred to community real property located at 2812 Elm Avenue, Manhattan Beach, California, and stated: “The court retained [s/c] jurisdiction of the property until January 26, 1977, at the hour of 1:30 p.m. in Department Southwest ‘D’ to determine its final disposition.”

The hearing concerning the community real property was subsequently held on February 3, 1977. The court found that the fair market value of the property was $77,500, and the first trust deed encumbrance against the property was $29,984. It awarded the property…

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