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IN RE MARRIAGE OF MODNICK

Docket No. L.A. 31649.

33 Cal.3d 897 (1983)

663 P.2d 187

191 Cal. Rptr. 629

In re the Marriage of MARILYN and ZELIG MODNICK. MARILYN MODNICK, Appellant, v. ZELIG MODNICK, Respondent.

Supreme Court of California.

May 26, 1983.

Attorney(s) appearing for the Case

COUNSEL

Esther Kascle for Appellant.

Stephen A. Kolodny and Max A. Goodman for Respondent.

OPINION

BIRD C.J.

In a marital dissolution proceeding, does the failure of one spouse to disclose the existence of a community property asset constitute extrinsic fraud?

I.

After 22 years of marriage, Marilyn and Zelig Modnick separated in September of 1974.1 The next month, Marilyn petitioned the superior court for a dissolution of the marriage, alleging irreconcilable differences between...

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