Baker

Baker v. Baker

Good Law
1968 Cal. App. LEXIS 1843·260 Cal. App. 2d 202·66 Cal. Rptr. 905
Court of Appeal of CaliforniaMarch 19, 1968Civ. No. 31873California1,418 words

Opinion

Lead Opinion

Fourt, J.

—Robert L. Baker appeals from the interlocutory judgment of divorce granted to his wife upon his default and from the court’s order denying his motion to set aside that judgment.

Anna G. and Robert L. Baker were married in 1963 and on June 3, 1966, Anna filed a complaint'for divorce alleging, among other things, extreme cruelty on the part of Robert, and that there were no children. She requested neither support nor alimony, but she did allege the existence of community property including two automobiles and she disclosed that there was an interest in a single family residence in which she had “invested the sum of $2,300 of her separate funds.” She listed no community debts and prayed that the community property be distributed “pursuant to law and in such equitable manner as the Court deems proper” and further that her husband be ordered to repay to her the sum of $2,300 originally invested in the real property. The court awarded her certain personal property and ordered her husband to repay the $2 300 as requested, but made no disposition of the residence which was held in joint tenancy. ■

Although appellant was personally served on June 17, Í966; he failed to appear and the -…

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