Terry v. Brewster
Over 20 years after a judgment on reserved issues was entered in her marital dissolution action, appellant Leilani Brewster brought a motion to modify the provision entitling her to a portion of the San Jose Police Department pension payable to her former husband, James Terry. James had died and Brewster sought payment of a portion of the survivors benefits, which had not been addressed in the judgment on reserved issues and were being paid to Joann Terry, Jamess second wife. Respondent San Jose Police and Fire Department Retirement Plan (Plan) filed opposition. The trial court denied the motion to modify the judgment on reserved issues, agreeing with the Plan that the court lacked jurisdiction to modify the judgment on reserved issues because the parties right to retirement benefits had been finally adjudicated and jurisdiction over the retirement benefits had not been expressly reserved.
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