Ervin
Ervin v. Ben-Nun CA4/1
Opinion
Opinion
Background
Ben-Nun and Ervin were married in 1999, and have three young children. On
August 26, 2011, the family and Ervin's mother were on a vacation in Simi Valley. After
checking into a hotel, Ben-Nun and Ervin had a heated argument. The parties dispute
precisely what was said during the argument, but it is undisputed that the family left the
hotel immediately after the argument without staying overnight and returned to their
home in San Diego.
2 According to Ervin, the next day Ben-Nun appeared depressed and was rude to
him. During the day, Ben-Nun left the children with Ervin (and his mother) while Ben-
Nun went shopping. When Ben-Nun returned, she called her friends, Christina and
Frederick Kamme, and told them about "the incidents in Simi Valley," and that she would
like them to come to the house and "try to talk" to Ervin. Mr. Kamme later came over to
speak with Ervin. According to Ervin's mother, Mr. Kamme concluded that nothing was
"wrong" with Ervin.
The next day, on August 28, the couple continued to have emotional arguments.
Ben-Nun suggested that Ervin agree to go to counseling, but he refused. Ervin told Ben-