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BERRY v. BERRY

Docket No. D008778.

216 Cal.App.3d 1155 (1989)

265 Cal. Rptr. 338

SHARON J. BERRY, Plaintiff and Respondent, v. DAVID L. BERRY, Defendant and Appellant.

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

December 20, 1989.

Attorney(s) appearing for the Case

COUNSEL

E. Stephen Temko for Plaintiff and Respondent.

Ronald W. Noya for Defendant and Appellant.

OPINION

WORK, J.

The trial court divided David's military retirement pension in a partition action filed by Sharon. We hold the trial court properly characterized the pension as community property, and that former Civil Code1 section 5124 does not create a bar to common law equitable partition actions. The judgment is affirmed.

FACTUAL AND PROCEDURAL BACKGROUND

Sharon and David dissolved...

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