Appellant wife, who sought to enforce a contract entered into between herself and respondent husband providing for payment of liquidated damages in the event one of them was sexually unfaithful to the other, appealed a judgment of the Los Angeles County Superior Court, California, which granted the husband’s motion for judgment on the pleadings and concluded that the contract was unenforceable.
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Overview
The only issue in this case was whether the agreement between the wife and the husband was enforceable. The trial court found that it was not enforceable because it was contrary to the public policy underlying California’s no-fault divorce laws. The instant court found the trial court’s reasoning to be sound. The agreement between the parties attempted to impose a premium or penalty for the “emotional angst” caused by the husband’s breach of his promise of sexual fidelity. This penalty included liquidated damages for the breach in the sum of $ 50,000, which was over and above any property settlement or support obligations imposed in the dissolution proceeding. The penalty was in direct contravention of the public policy underlying no-fault divorce. Thus, the trial court properly granted the husband judgment on the pleadings.
Outcome
The judgment was affirmed.
