In what circumstances will the court uphold a stipulation that a husband and wife consented to having sex before the date of separation from each other?
California, United States of America
The following excerpt is from De Fiori v. De Fiori (In re Estel), C084875 (Cal. App. 2017):
Because we have no record of the January 2016 hearing, we must presume the trial court properly determined the stipulation was knowing, voluntary, and intelligent before it was executed by the parties. (See Brewer v. Simpson, supra, 53 Cal.2d at p. 583.) Here, our presumption is strengthened by the trial court's own recollection of events, husband's unsupported claims notwithstanding.
Page 5
The judgment is affirmed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a stipulation stating that a litigant must consent to the stipulation stated in open court constitute consent? (California, United States of America)
In what circumstances will the Court uphold the murder verdict and special circumstance findings? (California, United States of America)
In what circumstances will a court allow a plaintiff to vacate a final judgment against her attorney for failing to properly investigate her husband's classification as a separate property? (California, United States of America)
How have courts interpreted consent in cases involving consent and consent? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is an attorney bound by a stipulation even when the court considers imposition of harsher sanctions than those stipulated to by the attorney and the state bar? (California, United States of America)
How have courts interpreted a special circumstance where a defendant stipulated to his identity as the kidnapper and that he had done the act that led to the death of the victim? (California, United States of America)
Is a pretrial arrangement for separate juries proper where the prosecution and the defense have mutual consent and court approval? (California, United States of America)
Is it improper for a court, with the consent of the accused and his counsel, to provide a transcript to the jury in lieu of rereading testimony in open court? (California, United States of America)
How have the courts treated a husband's out of court declaration to prove his wife's state of mind? (California, United States of America)
