Schafer

Schafer v. Superior Court

Good Law
180 Cal. App. 3d 305·1986 Cal. App. LEXIS 1508·225 Cal. Rptr. 513
Court of Appeal of CaliforniaApril 24, 1986D004312California2,350 words

Opinion

Opinion

Lewis, J.

We decide here that a Marvin cause of action (Marvin v. Marvin (1976) 18 Cal.3d 660 [ 134 Cal.Rptr. 815 , 557 P.2d 106 ]) is not a family law matter and should therefore not be processed in the superior court under the special family law rules.

Real party in interest here, Berrie L. Christopher, filed a Marvin complaint against petitioner Jeffry B. Schafer, alleging six causes of action arising out of her cohabitation with Schafer from September 16, 1984, to October 23, 1985, and based on theories of express and implied contract, accounting, constructive and resulting trust. She claimed an interest in alleged jointly accumulated assets of the parties during cohabitation, as well as a right to be supported by Schafer and have all her material needs provided for in the manner to which she grew accustomed because of the parties’ relationship. She also requested injunctive relief, alleging an agreement to support her and her present destitution, being without the financial assets to pay rent, provide food, clothing or bare necessities of life. The prayer for relief requested an accounting, division of property, damages, and an injunction preventing Schafer “from terminating…

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