Justice Peters' Contribution to Family and Community Property Law

Abstract

Important areas of California's family tort and marital property law as well as aspects of its divorce and annulment law have been shaped by Justice Peters' incisive pen. Perhaps his most dramatic contribution is the judicial pronouncement that a major part of California's quasi-community property legislation is constitutional. This article first discusses this significant development, as well as Justice Peters' holdings concerning the revival of community property. It then analyzes his important decisions on interspousal tort immunity. Finally, it reviews a number of significant opinions by the Justice on damages for loss of consortium, child support, and decisions relating to public policy and the termination of marriage.