Tannehill

What is the appropriate burden of proof instruction in an action based on Marvin v. Marvin (1976) 18 Cal.3d 660 [ 134 Cal.Rptr. 815 , 557 P.2d 106 ] in which plaintiff is seeking to establish a one-half interest in property held in the name of the defendant?

I

Elaine Tannehill and Sam Finch met while they were living at a trailer park in Newport Beach. Finch, a construction worker by trade, was *226 currently unemployed and acting as handyman around the trailer park. Prior to meeting Tannehill, Finch’s construction jobs often took him to Texas, Arizona and Oregon. During those times, Finch lived in either mobilehomes or trailers which he owned.

Finch moved in with Tannehill in 1975 and the couple lived together until 1981. During that six-year period, Finch acquired substantial property, both real and personal, alleged by Tannehill to be worth in excess of $175,000. The property included unimproved real property in Arizona and a number of mobilehomes and mobilehome rentals in California and in Arizona. Title to the property was taken in Finch’s name alone.

Shortly after Finch moved out, Tannehill filed a complaint for breach of contract relying on the doctrine set…

I respectfully dissent.

Tannehill sought to have the jury find she and Finch had a pooling agreement. Finch admitted living with her but denied any such agreement. He maintained the accumulated assets were his: she had been amply compensated for any of her efforts. Thus the jury had to choose one version over *229 the other. It did! It believed.Tannehill. And the record, no matter what the applicable burden of proof, supports that conclusion. 1

I would affirm the judgment.

The petition of respondent Tannehill for review by the Supreme. Court was denied March 11, 1987.

The evidence included but was not limited to the following: She did the recordkeeping on the properties and all of the secretarial work. She interfaced with the tenants, collected the rents and helped with the problems. She testified she advised him concerning the purchasing of the real property and she helped effectuate the sales.

What is the appropriate burden of proof instruction in an action based on Marvin v. Marvin (1976) 18 Cal.3d 660 [ 134 Cal. Rptr. 815 , 557 P.2d 106 ] in which plaintiff is seeking to establish a one-half interest in property held in the name of the defendant?

Elaine Tannehill and Sam Finch met while they were living at a trailer park in Newport Beach. Finch, a construction worker by trade, was currently unemployed and acting as handyman around the trailer park. Prior to meeting Tannehill, Finch's construction jobs often took him to Texas, Arizona and Oregon. During those times, Finch lived in either mobilehomes or trailers which he owned.

Finch moved in with Tannehill in 1975 and the couple lived together until 1981. During that six-year period, Finch acquired substantial property, both real and personal, alleged by Tannehill to be worth in excess of $175,000. The property included unimproved real property in Arizona and a number of mobilehomes and mobilehome rentals in California and in Arizona. Title to the property was taken in Finch's name alone.

Shortly after Finch moved out, Tannehill filed a complaint for breach of contract relying on the doctrine…