Juran

Plaintiff Karen Juran (Karen) brought this action against her stepfather, defendant David Epstein (David). Karen alleged David breached an oral agreement by revoking a 1985 will he executed while Karen’s mother, Charlotte Epstein (Charlotte), was alive. David successfully moved for summary judgment pursuant to Probate Code section 150. Karen appeals. We reverse the judgment, determining there are triable issues of fact as to the existence of the alleged oral agreement and as to whether David is estopped from asserting that the absence of a writing rendered the agreement unenforceable.

Factual Background

David married Charlotte in 1962. At the time of the marriage, Charlotte had three children from a previous marriage—Karen and two sons (Joseph and Geoffrey). David had one child—Sharon Epstein. In 1965, David and Charlotte purchased a home in La Mesa. Although they initially took title as joint tenants, the couple later executed documents to hold title as community property. Throughout their marriage Charlotte and David were financially supported primarily by Charlotte’s assets, derived from Charlotte’s former husband.

In 1980, David and Charlotte each executed mutual…