Pepe

This action was instituted by Union Central Life Insurance Co., Inc. in interpleader to determine who is entitled to the proceeds of an insurance policy. These funds have been deposited with the court and said plaintiff is no longer a party. Defendant Karla G. Pepe appeals from that portion of the judgment in favor of defendant Mavis C. Janssen.

We'refer to an opinion in a prior appeal of this case reported as Union Central Life Insurance Co. v. Janssen (1968) 260 Cal.App.2d 518 [ 67 Cal.Rptr. 253 ]. Therein the Court of Appeal reversed a summary judgment and held, in effect, that a trial was necessary to find “the ultimate facts which will decide this controversy.” Thereafter, the case went to trial and the court, with appropriate findings, determined that Mavis was the named beneficiary of the insurance policy, but concluded that the proceeds were divisible between the two defendants, as community property of the assured and his surviving spouse Karla. Judgment was entered accordingly. There is no question concerning the community property phase of the judgment.

Defendant now argues on this appeal that the judgment is contrary to the facts and the law. The Honorable…