Galea

FACTS AND HISTORY OF THE PROCEEDINGS

The record in this appeal does not include a copy of the complaint. The trial court conducted a bench trial in October 2021. Based on the testimony and arguments at trial, and on the tentative ruling, it appears the first cause of action was a breach of contract cause of action that stemmed from a $90,000 transfer of funds that Galea made or arranged to have made to Almquist in June 2017 while they were living together in a romantic relationship. Galea testified that the transfer was a loan whose terms were agreed to verbally. Almquist testified the transfer was not a loan, but a gift of sorts, as a way for Galea, who had just obtained a settlement in a legal action, to pay Almquist back for all the living expenses she incurred over the years they lived together. At the close of trial, the trial court asked for supplemental briefs on the contract claim stating it was interested in (1) whether the parties really contemplated a contract;

2 (2) whether the statute of frauds defense applied; and (3) whether, if there was no contract, quantum meruit applied.

DISCUSSION

“[A] fundamental principle of appellate procedure [is] that a trial court…