Cochran

Cochran v. Cochran

Good Law

106 Cal. Rptr. 2d 899·2001 Cal. App. LEXIS 380·2001 Daily Journal DAR 5079·89 Cal. App. 4th 283·2001 Cal. Daily Op. Serv. 4157

Court of Appeal of CaliforniaMay 22, 2001B138551California3,654 words

Opinion

Willhite, J.

I. Introduction

Plaintiff and cross-complainant Patricia A. Cochran appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrers which defendant and cross-defendant Johnnie L. Cochran, Jr., brought to her cross-complaint for rescission of their 1983 property settlement agreement. She also appeals from the summary judgment entered for the defendant on her complaint for breach of an alleged agreement for lifetime support. For the reasons set forth below, we reverse both judgments.

II. Procedural History

This is the third appeal arising from two separate, but related, actions between appellant Patricia A. Cochran (appellant) and respondent Johnnie L. Cochran, Jr. (respondent) arising out of their long-term, nonmarital relationship.

The first action (Super. Ct. L.A. County, 1995, No. BC124156) was filed in March 1995. The operative, first amended complaint of April 1995 was primarily concerned with respondent’s alleged breach of a supposed Marvin agreement to provide appellant with lifetime support. In Cochran v. Cochran (1997) 56 Cal.App.4th 1115 [ 66 Cal.Rptr.2d 337 ] (Cochran I), we held that the statute of…

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