Chiba

The cohabitating partner of a deceased musician sued the administrator of the decedent's estate under an agreement alleging breach of oral contract, quantum meruit, declaratory relief and constructive trust. Because the agreement required performance of certain duties controlled by the Talent Agencies Act (Lab.Code, [1] § 1700 et seq.) (the TAA), the matter was referred to the jurisdiction of the Labor Commissioner, who found the entire contract void for plaintiffs lack of a talent agent license. In the trial de novo, the superior court declined to sever the unlawful portion of the agreement with respect to the TAA, sustained the administrator's demurrer to the second amended complaint without leave to amend, dismissed the action, and declined to vacate dismissal. We affirm.

During the summer of 1999, plaintiff and appellant Jennifer Chiba began a romantic relationship with singer and songwriter Elliot Smith (aka Steven Paul Smith). On August 26, 2002, Chiba moved in with Smith. The couple lived together until Smith died intestate on October 21, 2003. The probate court appointed defendant and respondent Marta Greenwald administrator of Smith's estate.

On July 30,…

The cohabitating partner of a deceased musician sued the administrator of the decedent’s estate under an agreement alleging breach of oral contract, quantum meruit, declaratory relief and constructive trust. Because the agreement required performance of certain duties controlled by the Talent Agencies Act (Lab. Code, 1 § 1700 et seq.) (TAA), the matter was referred to the jurisdiction of the Labor Commissioner, who found the entire contract void for plaintiff’s lack of a talent agent license. In the trial de novo, the superior court declined to sever the unlawful portion of the agreement with respect to the TAA, sustained the administrator’s demurrer to the second amended complaint without leave to amend, dismissed the action, and declined to vacate dismissal. We affirm.

FACTUAL BACKGROUND AND PROCEDURAL HISTORY

During the summer of 1999, plaintiff and appellant Jennifer Chiba began a romantic relationship with singer and songwriter Elliot Smith (also known as Steven Paul Smith). On August 26, 2002, Chiba moved in with Smith. The couple lived together until Smith died intestate on October 21, 2003. The probate court appointed defendant and respondent Marta Greenwald…

I respectfully dissent, in order to explain why I differ from the conclusion reached in the majority opinion and also to clarify how this case appears fundamentally distinguishable from Yoo v. Robi, 1 a case I authored in 2005, with Justices Woods and Zelon concurring in that decision.

Respondent and the majority emphasize what the majority characterizes as “inconsistencies in the pleadings, specifically with respect to the issues relating to severability.” This evidently refers to the three complaints appellant filed—the original complaint, the first amended complaint, and the second amended complaint. As the majority itself points out, the original complaint alleged the two contracts (or clauses of a single contract)—the lawful and unlawful—in separate paragraphs. The first amended complaint dropped the paragraph reciting the unlawful contract but added the “manager and agent” services to the list of duties she performed as part of the Marvin contract. Finally, in the second amended complaint she alleged two separate contracts—the cohabitation agreement and the management contract. But in this complaint appellant candidly conceded the second contract was unlawful and she was…