Imperial v. Imperial
Imperial v. Imperial
Opinion of the Court
In a contested action plaintiff was awarded a divorce and community property consisting of a restaurant business and the real property in San Fernando on which the business was operated. Defendant appeals.
The complaint accused defendant of extreme cruelty. Defendant filed a cross-complaint which alleged that plaintiff had been guilty of cruelty and that "cross-defendant has committed acts of adultery with a person other than cross-complainant. ’ ’ The evidence was confined to the respective allegations of cruelty.
The principal contention is that the evidence was
Plaintiff introduced in evidence over objection a letter from Miala Ruiz, dated Mexicali, October 11, 1956, addressed to defendant at the San Fernando address. The letter mentioned former correspondence with defendant and letters to defendant sent to Calexico. Miala sought immediate word from defendant and a meeting with him; she stated that she had obtained passports "and we can pass over to Calexico, mostly sure.” The letter read “Say hello to Alrita, the baby. Send you many kisses, and me and myself, I am sending you many, many kisses who never forget you.” The present action was filed in June, 1957.
Defendant testified that he borrowed an additional $5,000 on the property in 1949 and went into the business of buying shrimp in Lower California and selling it in the states. He bought a truck for use in the business but the business did not succeed, and was discontinued. In 1954 he obtained $1,600 on an insurance policy and opened a restaurant in Mexicali,
We cannot say the court erred in finding defendant responsible for the breakup of the marriage. It appears that plaintiff was emotionally upset during the trial and that it was the discovery of the letter from Miala Ruiz which led to the final separation. We must assume that the court gave full credit to the testimony of plaintiff and her corroborating witness and believed that defendant preferred to spend his time in Mexicali rather than at home helping in the business. There was ample evidence that plaintiff has had a heavy burden to carry in order to support herself and save the property and that she has had little help from defendant.
Defendant objected to the introduction of the letter in evidence and now assigns error in its admission. The objection was stated as follows: “Your Honor, there is no foundation as to who this letter was from, who wrote this letter, who delivered this letter. There has been absolutely nothing concerning this letter other than that it is a letter that they received. There has to be some indication, your Honor. The Court: It has been translated. Mr. Lazar: Yes, I agree, your Honor. ...” The objection was properly overruled. The fact that plaintiff found the letter rendered it admissible. But defendant says the letter proves nothing. He says “Nothing in the letter is inconsistent with the possibility that the writer may have been a casual friend of the husband who sought to further the relationship.” Defendant did not mention the baby in his testimony nor is she mentioned in his brief. Miala’s letter must have persuaded plaintiff that the “casual” friendship had been considerably furthered. There was no evidence that Miala had a husband nor as to who might have fathered Alrita.
In view of plaintiff’s testimony respecting defendant’s indifference and neglect and the reasonable inference that the unexplained association of defendant with Miala Ruiz and her child caused plaintiff humiliation and distress, we cannot say there was insufficient evidence of defendant’s cruelty.
The judgment is affirmed.
Vallée, J., and Ford, J., concurred.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.