Logourl black
From our private database of 14,000+ case briefs...

Aloy v. Mash

Supreme Court of California
38 Cal. 3d 413 (1985)


Facts

Eugene Mash (defendant) represented Marcella Aloy (plaintiff) in Marcella’s divorce. Marcella’s husband, Richard, was an active duty member in the military. Richard was not collecting a pension but had 20 years of service in the military and a vested pension plan, and he was eligible to retire. Mash did not assert that Marcella had a community-property interest in Richard’s pension plan. The final divorce decree was entered in December 1971. In 1971, the law was unclear regarding whether federal military vested retirement pensions constituted separate or community property. In 1980, Marcella filed a lawsuit against Mash, alleging that Mash was negligent for failing to assert Marcella’s community-property interest in Richard’s pension plan. Mash moved for summary judgment and filed a declaration stating that Mash had reviewed the law in 1971. Mash specifically mentioned reviewing the cases of French v. French, 17 Cal. 2d 775 (1941) and In re Marriage of Fithian, 10 Cal. 3d 592 (1974). Marcella submitted documentation of Mash’s deposition testimony, which indicated that Mash reviewed only the French case. Moreover, Mash would not answer whether or not Mash knew that a military pension plan vested after 20 years of service regardless of whether the serviceman was active duty or retired. The trial court granted Mash’s motion for summary judgment. Marcella appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Kaus, J.)

The holding and reasoning section includes:

  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

To access this section, please start your free trial or log in.

Dissent (Reynoso, J.)

The dissent section is for members only and includes a summary of the dissenting judge or justice’s opinion.

To access this section, please start your free trial or log in.

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 177,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.