Cochran

Plaintiff Patricia Ann Cochran appeals from the order dismissing her complaint against Johnnie L. Cochran, Jr., after his demurrers were sustained by the trial court. For the reasons set forth below, we reverse in part and remand for further proceedings.

Facts and Procedural History

Plaintiff and appellant Patricia Ann Cochran (appellant) sued defendant and respondent Johnnie L. Cochran, Jr. (respondent) in March 1995 for breach of an alleged 1983 Marvin agreement for her lifetime support. Respondent does not dispute that appellant properly alleged the elements of such an agreement and the main issue on appeal is whether appellant’s cause of action for breach of the 1983 agreement is barred by the statute of limitations.

Appellant’s operative first amended complaint alleged that she and respondent began a romantic relationship in the mid-1960’s during which they had a child together and, though unmarried, lived together as husband and wife for many years. She legally changed her surname to match respondent’s. During this time, respondent allegedly promised that property acquired during the relationship belonged to him and appellant equally and promised appellant…