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BRINK v. BRINK

Docket No. A016466.

155 Cal.App.3d 218 (1984)

202 Cal. Rptr. 57

BONNIE BRINK, Plaintiff and Appellant, v. BILLIE BRINK, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

May 2, 1984.

Attorney(s) appearing for the Case

COUNSEL

Patricia M. Bourke, Linda Chester and Alan F. Hunter for Plaintiff and Appellant.

Thomas J. Sheahan and Barbara Goldeen for Defendant and Appellant.

OPINION

KING, J.

(1a) In this case we hold that when the award of community property of a marital dissolution judgment is vacated in an independent proceeding in equity, the court is acting as a court of equity and is not mandated to follow the provisions of the Family Law Act in dividing the property of the parties.

The marriage of Bonnie and Billie Brink ended with a judgment of dissolution on January 20, 1977...

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