Harsh

Harsh v. Broad

Good Law
17 Cal. Rptr. 775·198 Cal. App. 2d 128
Court of Appeal of CaliforniaDecember 18, 1961Civ. No. 19893California587 words

Opinion

Lead Opinion

Kaufman, J.

This is an appeal, in propria persona, by the wife from an order dated October 11, 1960, denying her motion to vacate the interlocutory and final decrees of divorce on grounds of res judicata. The appellant argues that the divorce was obtained by fraud and that the court below deprived her of an opportunity to be heard. The appeal is completely devoid of merit.

The record indicates that on November 7, 1956, the appellant, Virginia W. Harsh, filed her complaint for divorce from her husband, Philip W. Harsh. At her request, the property settlement and separation agreement between the parties dated March 28, 1957, which provided for division of property, custody and visitation of children, waiver of alimony and payment of attorney fees, was incorporated into the interlocutory decree granted on April 19,1957. The final decree was entered on April 25, 1958.

On April 15, 1960, the appellant, in propria persona, filed her motion to vacate the decrees on the grounds of fraud. At the hearing on this matter held on April 29, 1960, before the Honorable E. J. Owens, the appellant admitted that she wanted the divorce, had voluntarily signed the property settlement agreement and understood…

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