Bruce v. Bruce

In Bruce v. Bruce (1911) 160 Cal. 28, the court defined when an action is pending: "Section 137 provides in express terms that 'when an action for divorce is pending, the court may, in its discretion, require the husband to pay as alimony any money necessary to enable the wife to support herself or her children, or to prosecute or defend the action.' An action is pending 'from the time of its commencement until its final determination upon appeal, or until the time for appeal has passed, unless the judgment is sooner satisfied.' (Code Civ. Proc., sec. 1049.) Following these provisions, the Court has repeatedly held that the power to make an allowance to the wife for her support or to enable her to defend or prosecute the action is not exhausted upon the rendition of the judgment in the trial court, but contains during the pendency of an appeal." ( Id. , at pp. 29-30.)