Bridges

In this case we note an irreconcilable difference between two opinions of the Court of Appeal. We follow one and suggest to the loser in this case that he file a petition in the Supreme Court to allow that court to settle the conflict. (Cal. Rules of Court, rule 29(a).) The embarrassing aspect of this case is that in so doing we part company with our brethren in the First Division of this court, a practice frowned upon in some circles. (E.g. People v. Creighton, 57 Cal.App.3d 314, 324 [ 129 Cal.Rptr. 249 ].)

The issue is really quite simple. Does a wife’s failure to assert a claim for her community property interest in her husband’s military retirement pay at the time of dissolution proceedings bar her from asserting such a claim at a later date. Kelley v. Kelley, 73 Cal.App.3d 672 [ 141 Cal.Rptr. 33 ] (no petn. for hg.), held that, based on the doctrine of res judicata, she was barred. Lewis v. Superior Court, 77 Cal.App.3d 844 [ 144 Cal.Rptr. 1 ] (hg. den.), held that she was not. We find Lewis persuasive and choose to follow it. Since the issue is analyzed at length in those cases and since the Supreme Court probably doesn’t care a hang about our views on the subject,…