Rubini

is an appeal from a judgment entered in an action based upon a claim and delivery, instituted by respondent herein, in which plaintiff obtained judgment for the possession of certain furniture.

It is the contention of appellants that the issues raised in the instant case were all settled in a former divorce action between the parties and are therefore res judicata.

It appears that there was such a divorce proceeding, in which the plaintiff in the instant case was plaintiff and Jan C. Rubini was defendant. The record before us reveals that in said divorce action the court found that the parties, at the date of the commencement of said action, owned said property, which was community property and was enumerated therein as “furniture situate in the premises known as 934 Third Avenue, Los Angeles, California”; and in the conclusions of law following said findings is the following “That the defendant is entitled to the ownership and possession of . . . together with the furniture and furnishings situated therein, and all of which were in and upon said premises, towit, 934 Third Avenue, Los Angeles, California, at the date of the commencement of this action”. It is too clear for…