Bergen

Defendant and appellant Duane Wood (Wood) appeals a judgment following a bench trial in favor of plaintiff and respondent Birgit Bergen (Bergen).

The essential issue in this “palimony” case is whether the trial court erred in awarding support to Bergen.

Because the parties never cohabited and the services Bergen rendered to Wood are not the type which is considered valuable consideration necessary to support a contractual promise, the judgment is reversed.

Factual and Procedural Background

Wood, a Bel-Air resident, was a former president of Lockheed and a widower. He met Bergen, a German actress, in Monte Carlo in the summer of 1981. At that time, Wood was 65 and Bergen was 45. They quickly developed an intimate relationship.

The parties never cohabited. Bergen maintained her apartment in Munich, Germany. While Bergen was in California she kept a room at the Beverly Pavilion Hotel in Beverly Hills. Bergen was Wood’s travelling companion and accompanied him to social events. Wood provided Bergen with money, and paid for travel expenses and hotel accommodations.

The relationship ended after seven years in late 1988, after Bergen retained Attorney Marvin M. Mitchelson…