CALG’s Robert Roth and Kelly Woodruff have obtained reversal from the California Court of Appeal’s First District in a dispute over the date of a marital separation.
The trial court had found that the wife was precluded from contesting the date of separation she wrote on her divorce petition, even though the parties had prepared for a trial on competing separation dates, because the date on the petition constituted a judicial admission. Robert and Kelly persuaded the Court of Appeal to reject that analysis. Since the husband had not agreed to the date on the petition but instead had argued for a third date, the doctrine of judicial admissions was inapplicable, and there was no reliance by the husband or prejudice to him. Thus, the court reversed and remanded for a trial on the separation date.
You can read the full opinion in In re Marriage of Starr by clicking here.