When a complaint seeks only X, the trial court isn't empowered to give the plaintiff Y.
So, for example, when a complaint seeks only that the ex-husband produce evidence that he has purchased the life insurance required by a marital dissolution agreement, and at the hearing, the ex-husband provides proof of insurance, the trial court can't order that the ex-husband establish and fund a $126,910 trust. That'd violate due process.
This is an obvious point. But one that bears repetition. As well as publication by the Court of Appeal.
Maybe the husband should indeed establish and fund the trust. But plaintiff's got to ask for it first.
