Cochran

Cochran v. Cochran

Caution
1998 Cal. App. LEXIS 618·65 Cal. App. 4th 488·76 Cal. Rptr. 2d 540·98 Daily Journal DAR 7575·98 Cal. Daily Op. Serv. 5400
Court of Appeal of CaliforniaJuly 9, 1998B113017California4,030 words

Opinion

Opinion

Perez, J.

Plaintiffs Patricia Ann Cochran and April M. Somers appeal from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrers which defendant Johnnie L. Cochran, Jr., brought to their first amended complaint. For the reasons set forth below, we affirm the judgment.

Facts and Procedural History

In March 1995, plaintiff and appellant Patricia Ann Cochran sued defendant and respondent Johnnie L. Cochran, Jr., for his February 1995 breach of an alleged 1983 Marvin “palimony” agreement for lifetime support. (Cochran v. Cochran (Super Ct. L.A. County, 1995, No. BC 124156) (hereafter Cochran I.).) Her complaint also included causes of action for a constructive trust, declaratory relief, fraud, and negligent and intentional infliction of emotional distress. On June 8, 1995, demurrers were sustained to the operative first amended complaint, some with, and some without, leave to amend. The complaint was not amended further and an appeal was taken.

On November 21, 1996, Patricia Ann Cochran filed another complaint against Johnnie L. Cochran, Jr., this time seeking to rescind a 1983 property settlement agreement the two had allegedly…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.