Mitchell v. Superior Court of California In and For LosAngeles County

• Decision Date: 06 July 1950
• Citation: 219 P.2d 861,98 Cal.App.2d 304
• Court: California Court of Appeals
• Parties: . Civ. 17929. District Court of Appeal, Second District, Division 1, California

Page 861

219 P.2d 861

98 Cal.App.2d 304

MITCHELL v.SUPERIOR COURT OF CALIFORNIA, IN AND FOR COUNTY OF LOS ANGELES.

Civ. 17929.

District Court of Appeal, Second District, Division 1, California.

July 6, 1950.

Hearing Denied Aug. 31, 1950.

William C. Ring, Los Angeles, for petitioner.

PER CURIAM.

Petitioner has pending in the Superior Court an action for the partition of real property.Trial was had for two days.

While plaintiff was married to defendant, the property was acquired as community property.In 1931petitioner was granted a divorce from defendant in the State of Texas.Texas, of course, could not adjudicate title to California real property.Defendant as minister of a church uses the property, which is improved with a church building, without paying anything to petitioner.

Petitioner contends that the court should have partitioned the property, either in kind, or by sale and division of the proceeds.The court made a minute order, finding that at the time the property was acquired petitioner's equity in it was $500.Apparently no judgment has yet been rendered.

While petitioner presents a convincing argument, we think her remedy is by appeal.The rules respecting high prerogative writs have been recently reviewed and restated in Phelan v. Superior Court, 35 Cal.2d 363, 217 P.2d 951, 955.There it is said: 'Where * * * there is a right to an immediate review by appeal, that...