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Grolemund v. Cafferata

Supreme Court of California

111 P.2d 641 (1941)

Relevant factsFree

Lena and Caesaer Grolemund (plaintiffs) were married, and their community property was set to be sold to satisfy a default judgment against Caesaer individually, arising from a car accident in which he was found negligent. The sale was to be carried out by Cafferata and local sheriffs (defendants). The Grolemunds sought a permanent injunction against the sale of their community property, arguing it should not be reachable for Caesaer's individual tort liability. The trial court denied the injunction, and they appealed.

IssueFree

Whether community property is reachable by a creditor to satisfy a judgment entered against only the husband for his individual tort.

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