Byrne

Byrne v. Laura

Good Law
1997 Cal. App. LEXIS 109·52 Cal. App. 4th 1054·60 Cal. Rptr. 2d 908·97 Daily Journal DAR 1635·97 Cal. Daily Op. Serv. 1123
Court of Appeal of CaliforniaFebruary 18, 1997A070909California7,412 words

Opinion

Opinion

Hanlon, J.

Appellant Gladys A. Byrne (Flo) sued respondents Charon

A. Laura, et al., the administrator and heirs of the estate of Donald F. Lavezzo (respondents are hereafter referred to collectively as the Estate) to enforce her Marvin agreement (Marvin v. Marvin (1976) 18 Cal.3d 660 [ 134 Cal.Rptr. 815 , 557 P.2d 106 ]) with the decedent (hereafter referred to as Skip). The Estate cross-complained against Flo for damages for removing personal property from the home she had shared with Skip before his death, and for unpaid rent based on her occupancy of the home after his death.

The Estate’s motion for summary adjudication was granted as to all of Flo’s causes of action other than her quantum meruit claim, the Estate dismissed its claim for conversion without prejudice, and the case proceeded to trial before the court on Flo’s quantum meruit claim and the Estate’s claim for unpaid rent. The trial court found that there had been no agreement between Skip and Flo to compensate Flo for her services, and that, even if there had been such an agreement, Flo had been adequately compensated for any services she provided. Judgment was entered against Flo for $2,400 for unpaid rent, and in…

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