Marvin v. Marvin

KLEIN, P. J.—I dissent.

This case was tried by the court sitting without a jury over a three-month period, during which time presumably extensive evidence was taken. The trial court was able to evaluate the parties and witnesses as they appeared and gave testimony. However, since the record on this appeal consists only of the judgment roll rather than a reporter’s transcript, we do not know the extent and nature of the evidence presented, or whether the issues as framed by the pleadings were expanded during the trial.

We do know that at the conclusion of the trial, the trial court awarded Michelle $104,000 pursuant to finding number 26 that: “Plaintiff is in need of funds to be used in the course of rehabilitation, so that she may re-educate herself and learn new employable skillsand finding number 27 that: “The sum of $104,000.00 is necessary primarily for rehabilitation and also living expenses and debts to be paid during such rehabilitation.”

In her first amended complaint, Michelle pled as follows: “That in order that Plaintiff would be able to devote her full time to Defendant *878Marvin as a companion, homemaker, housekeeper and cook, it was further agreed that Plaintiff would give up her lucrative career as an entertainer/singer.

“That in return, Defendant Marvin would provide for all of Plaintiffs financial support and needs for the rest of her life.”

Michelle prayed for “such other relief as this Court deems just and proper.”

We are also made aware of the fact that Marvin was paying Michelle monies on a monthly basis after their separation pursuant to some kind of án “arrangement.”

The trial court in its memorandum opinion recognizes that Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106], “... urges the trial court to employ whatever equitable remedy may be proper under the circumstances.”

Marvin v. Marvin, supra, at page 685, footnote 26, specifically states: “We do not pass upon the question whether, in the absence of an express or implied contractual obligation, a party to a nonmarital relationship is entitled to support payments from the other party after the relationship terminates.”

In finding number 3, the trial court herein concludes: “The parties did not enter into any agreement to the following effect: That Plaintiff would give up any career which she might have had, whether as an entertainer/singer, or in any other calling, in order to enable Plaintiff to devote her full time to Defendant as a companion, homemaker, housekeeper and cook of Defendant,” the contents of which finding was echoed in finding numbers 6 and 7. In finding number 18(c), the trial court found that the plaintiff did not in fact give up her career at the defendant’s request in order to devote her full time and attention to defendant’s personal needs.

In view of all the evidence that the trial court had before it, including the plaintiffs sex, age, earning ability and career status, the length of the relationship, and other circumstances of the factual setting, Marvin v. Marvin, supra, seems to say that the trial court was authorized by way of remedy to provide support payments from the other party after the relationship terminated, provided it also found some equitable right *879to such a remedy. Apparently, this is what the trial court herein attempted to do in granting a support-type award for rehabilitation for a two-year period, which seemed to reinstate to some extent the prior “arrangement” the parties had.

However, it is the trial court’s responsibility to provide findings of fact and conclusions of law which are consistent with the judgment in order that we may conduct proper appellate review. (Spaulding v. Cameron (1952) 38 Cal.2d 265, 270 [239 P.2d 625]; Kaiser Foundation Hospitals v. Workers’ Comp. Appeals Bd. (Fuchs) (1979) 91 Cal. App.3d 501, 506, fn. 5 [154 Cal.Rptr. 765]; Machado v. Machado (1914) 26 Cal.App. 16, 18 [145 P. 738].)

Indeed, “‘it is essential that [the trial court’s findings of fact and conclusions of law] be sufficient in form and substance so that by reading them and referring to the record the parties can tell and this court can tell with reasonable certainty not only the theory upon which the [trial court] has arrived at its ultimate finding and conclusion but that the [trial court] has in truth found those facts which as a matter of law are essential to sustain its award.’ (Mercer-Fraser Co. v. Industrial Acc. Com. [1953] 40 Cal.2d [102,] 124 [251 P.2d 955].” (Kaiser Foundation Hospitals v. Workers’ Comp. Appeals Bd. (Fuchs), supra, 91 Cal. App.3d at p. 506, fn. 5.)

As “it is impossible to reconcile this judgment with the findings . .., it is clearly the duty of this court to reverse this judgment and remand the case to the trial court for . .. correction ... of the [inconsistencies] in its findings [and conclusions] or its judgment or both.” (Machado v. Machado, supra, 26 Cal.App. 16, 18; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 541, pp. 4482-4483.)

I would reverse the judgment and remand for further proceedings consistent with this dissent.

Respondent’s petition for a hearing by the Supreme Court was denied October 7, 1981.