Dimarco

Plaintiff appeals from (1) an order of the trial court holding that a property settlement agreement in a divorce action, made by plaintiff and defendant, was nonintegrated; and (2) rulings denying plaintiff (a) the right to be furnished with copies of defendant’s income tax returns, (b) a judicial determination of the sum to which she became entitled by reason of a provision contained in the property settlement agreement providing for increases in periodic payments, and (c) a writ of execution to compel payment of the amount accrued under a sliding scale provision in the property settlement agreement.

Facts: (i) October 3, 1951, plaintiff and defendant entered into a property settlement agreement providing, among other things, that the parties “desire to settle all their respective property and other rights”; that plaintiff was to have the physical custody of the two children of the marriage; that plaintiff was to receive all the household furniture; that defendant was to receive the automobile of the parties, together with “all interest, partnership or otherwise in and to that certain public relations business known as DiMarco-Von Lowenfeldt Associates . . . together with all…

I dissent: I cannot agree with the conclusion of the majority opinion that the provisions for support of the wife in the property settlement agreement before us are, as a matter of law, an integral part of the parties’ disposition in that agreement of their community property. I would affirm .the ruling of the trial court which was based upon conflicting extrinsic evidence (set forth in part, infra) of the parties’ intent that the agreement was not integrated. (Messenger v. Messenger, 46 Cal.2d 619, 626-627 [ 297 P.2d 988 ]; Fox v. Fox, 42 Cal.2d 49, 52 [ 265 P.2d 881 ].)

In Plumer v. Plumer, the case strongly relied upon in the majority opinion, this court affirmed that portion of the order of the trial court which held the agreement there under consideration to be integrated. (48 Cal. 2d at pp. 823, 826.) However the court noted that the agreement there in question contained a modification provision that “Both parties poncede [d] ... provides for modification of the court’s support orders,” but that the parties could not agree upon the construction to be placed upon the paragraph. (48 Cal.2d at p. 826.) The court held that the “plain language” of thejpro *395 vision indicated…