Case Number:
23PSCV01031
Hearing Date:
September 12, 2023
Dept:
O
Tentative Ruling



DEFENDANT TERESA A. VIVAR'S DEMURRER TO PLAINTIFFS COMPLAINT is
SUSTAINED
in part
WITHOUT
leave to amend (i.e., as to 1
st
-4
th
COAs) and
OVERRULED
in part (i.e., as to the 5
th
COA).



Background



This case is based upon an alleged
Marvin
agreement.
[1]
Plaintiff ANN MARIE GROVES alleges the following against Defendant TERESA A. VIVAR: The parties met in 1997 and soon thereafter they entered into oral agreement wherein Defendant agreed that during the time that the parties maintained their relationship the Defendant would combine her skills, efforts, labor and earnings and would share equally with Plaintiff any and all property acquired and accumulated as a result of her skills, efforts, labor and earnings. (Complaint ¶6.) However, on March 31, 2021 (Complaint ¶11, 12), Defendant breached said agreement by failing to recognize Plaintiff's interest in certain Eq