Tintocalis

Tintocalis v. Tintocalis

Good Law
1993 Cal. App. LEXIS 1245·20 Cal. App. 4th 1590·25 Cal. Rptr. 2d 655·93 Daily Journal DAR 15836·93 Cal. Daily Op. Serv. 9255
Court of Appeal of CaliforniaDecember 14, 1993B074562California2,158 words

Opinion

Opinion

Yegan, J.

Orders for spousal support ordinarily terminate upon the death of the obligor spouse. (Civ. Code, § 4801, subd. (b).) To remedy the financial burden that may flow from such a death, the Legislature has enacted section 4801.4. This section gives the trial court discretion to order the obligor spouse to maintain life insurance for the benefit of the supported spouse “. . . where it is just and reasonable ... so that the supported spouse will not be left without means for support in the event that the order for support is terminated by the death of the party required to make the payment of support.” (§ 4801.4.) “As a remedial statute, it must be liberally construed ‘to effectuate its object and purpose, and to suppress the mischief at which it is directed.’ [Citations.]” (Ford Dealers Assn. v. Department of Motor Vehicles (1982) 32 Cal.3d 347, 356 [ 185 Cal.Rptr. 453 , 650 P.2d 328 ].)

John Tintocalis and James Tintocalis, individually and as the personal representatives of husband, the decedent, appeal from a summary judgment ordering the estate to pay wife $100,000 plus interest from the day of husband’s death. Because the facts are undisputed, we review the summary…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.