Nenninger

FACTS

The facts are simple and undisputed. According to Nenninger, she and Artinian

were boyfriend/girlfriend from 1979 to 1984. They renewed the relationship from 2002

until Artinian died on February 15, 2010.

From June 22, 2004, to February 16, 2006, Nenninger loaned Artinian a total of

$353,000. All of the loans resulted from oral discussions between them.

Two writings were produced. The first, dated October 12, 2004, was rejected by

the trial court and is discussed post.

The second writing is dated April 30, 2006, after the last loan. It acknowledges

the indebtedness. The interpretation of the document is the central issue in this case.

Nenninger claims the second document is a written promise to pay the

indebtedness, i.e., a promissory note, and that its due date is the date of Artinian’s death

(February 15, 2010).

The total claim was for $378,000, but the lower amount is the total of the loans at issue.

2 The Trust argues that the loans were repayable on demand, and that the April 30,

2006, document was merely an acknowledgement of the indebtedness.

DISCUSSION

1. Statute of Limitations on the Loans

Since the loan agreements were oral, the two-year…