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IN RE MARRIAGE OF SMETHURST

Docket No. 18572.

102 Cal.App.3d 494 (1980)

162 Cal. Rptr. 300

In re the Marriage of MARION and ROBERT JOHN SMETHURST. MARION SMETHURST, Appellant, v. ROBERT JOHN SMETHURST, Respondent.

Court of Appeals of California, Fourth District, Division One.

February 22, 1980.

Attorney(s) appearing for the Case

COUNSEL

Daubney & Banche and William Henry Daubney for Appellant.

Ramon D. Asedo and Asedo & McCarthy for Respondent.

OPINION

WIENER, J.

The muddy legal waters of missed pension plans in marital dissolution cases are clearing. (1) We now know that res judicata and collateral estoppel do not apply where the omitted pension rights were vested and matured at the time of dissolution of the marriage. (Henn v. Henn (1980) 26 Cal.3d 323, 329-331 [161 Cal.Rptr. 502

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