Charlton

Filed 2/10/15 Charlton v. Russo CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

PATRICIA CHARLTON, H039249

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. CV169634)

v.

RAYMOND RUSSO,

Defendant and Appellant.

Defendant Raymond Russo appeals from a judgment in favor of plaintiff Patricia Charlton in her implied contract and fraud action against him. He challenges the sufficiency of the evidence to support the jury’s implied contract verdict and claims that the trial court gave prejudicially misleading jury instructions on the implied contract cause of action. We affirm the judgment.

I. Evidence Presented At Trial

Charlton was living in an apartment in San Jose when she began dating Russo in 1987. Russo was…