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DIOSDADO v. DIOSDADO

No. B150941.

118 Cal.Rptr.2d 494 (2002)

97 Cal.App.4th 470

Donna DIOSDADO, Plaintiff and Appellant, v. Manuel DIOSDADO, Defendant and Respondent.

Court of Appeals of California, Second District, Division Four.

April 4, 2002.

Attorney(s) appearing for the Case

Allred, Maroko & Goldberg, Nathan Goldberg and Renee Mochkatel, Los Angeles, for Plaintiff and Appellant.

Rudy Aguirre, Alhambra, for Defendant and Respondent.

EPSTEIN, Acting P.J.

In this case we conclude that a contract entered into between a husband and wife, providing for payment of liquidated damages in the event one of them is sexually unfaithful to the other, is unenforceable.

FACTUAL AND PROCEDURAL SUMMARY

For the purpose of reviewing this grant of judgment on the pleadings, we take as true the allegations of the complaint and the facts presented to the trial court in an offer of proof.

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