Zoppa

I. Introduction

This is an appeal from a summary judgment entered below in favor of the defendant and respondent in a Marvin-type of action. The trial court held that the Marvin doctrine did not apply because, notwithstanding the fact that the parties cohabited and, indeed, later married, the alleged agreement regarding respondent’s property also anticipated appellant “bearing a child.” The court concluded that the agreement thus necessarily involved sexual intercourse and was therefore unenforceable because “dependent upon a meretricious consideration.” We reverse.

II. Factual and Procedural Background

Joseph Della Zoppa (hereafter Joseph) was a relatively wealthy 48-year-old man who, in 1988, was engaged in the garbage business in Solano and Contra Costa Counties. In that year, he met Celeste Concannon (later Celeste Della Zoppa, hereafter Celeste) who, at that time, was 22 years old. Both were single at the time; Joseph had been married twice before, but both marriages had ended in divorce and neither had produced any children.

Starting, apparently, in the fall of 1988, the couple began dating regularly. Among other things, they occasionally traveled together and,…