Cochran v. Cochran
| Decision Date | 22 May 2001 |
| Docket Number | No. B138551.,B138551. |
| Citation | 89 Cal.App.4th 283,106 Cal.Rptr.2d 899 |
| Parties | Patricia A. COCHRAN, Plaintiff, Cross-complainant and Appellant, v. Johnnie L. COCHRAN, Jr., Defendant, Cross-defendant and Respondent. |
| Court | California Court of Appeals Court of Appeals |
Plaintiff and cross-complainant Patricia A. Cochran appeals from the judgment of dismissal entered after the trial court sustained without leave to amend the demurrers which defendant and cross-defendant Johnnie L. Cochran, Jr., brought to her cross-complaint for rescission of their 1983 property settlement agreement.1 She also appeals from the summary judgment entered for the defendant on her complaint for breach of an alleged agreement for lifetime support. For the reasons set forth below, we reverse both judgments.
This is the third appeal arising from two separate, but related, actions between appellant Patricia A. Cochran (appellant) and respondent Johnnie L. Cochran, Jr. (respondent) arising out of their long-term, nonmarital relationship.
The first action (Super.Ct.L.A.County, 1995, No. BC124156) was filed in March 1995. The operative, first amended complaint of April 1995 was primarily concerned with respondent's alleged breach of a supposed Marvin2 agreement to provide appellant with lifetime support. In Cochran v. Cochran (1997) 56 Cal.App.4th 1115, 66 Cal.Rptr.2d 337 (Cochran I), we held that the statute of limitations for breach of a Marvin agreement did not begin to run until the defendant failed to perform as the agreement required. (Id. at p. 1124, 66 Cal.Rptr.2d 337.) As a result of our decision, all that remained of the complaint in Cochran I were causes of action based on the alleged Marvin agreement.
The second action (Super.Ct.L.A.County, 1996, No. EC021315) was filed in November 1996 while the appeal in Cochran I was still pending. The original complaint in the second action included a cause of action seeking to rescind a 1983 property settlement agreement because the agreement was induced by fraud. The operative first amended complaint omitted the rescission claim, but sought damages for intentional infliction of emotional distress based on a message left on a telephone answering machine which appellant construed as a death threat. In Cochran v. Cochran (1998) 65 Cal.App.4th 488, 498-499, 76 Cal.Rptr.2d 540 (Cochran II), we held that the message was not actionable as a death threat.
After our decision in Cochran I became final, that action was remanded to the trial court. On January 26, 1998, respondent cross-complained against appellant, contending she had breached the confidentiality provisions of their 1983 property settlement agreement by appearing on television to discuss their relationship. Appellant answered the cross-complaint on February 11, 1998, and filed a cross-complaint of her own ("the fraud cross-complaint"), seeking to rescind the 1983 settlement agreement because it allegedly had been induced by respondent's fraud. Respondent dismissed his cross-complaint without prejudice on March 13, 1998. He then demurred to the fraud cross-complaint, contending among other things that it was barred by the statute of limitations and was contrary to certain verified allegations in the Cochran I complaint concerning the validity of the settlement agreement. By minute order dated April 2, 1999, the trial court sustained the demurrers without leave to amend on two grounds: (1) the fraud cross-complaint was barred by appellant's earlier allegations; and (2) the action was also barred under the law of the case doctrine by our decision in Cochran I.3
In November 1999 respondent moved for summary judgment on the Cochran I complaint, contending appellant could not prevail on her remaining Marvin claims because: (1) the parties were not cohabiting when the agreement was made; (2) the alleged promise of support was made under circumstances which made it unreasonable to believe the statements were a contractual offer; (3) the alleged promise to support was too uncertain to be enforced; and (4) in any event, the claim was barred by the statute of limitations. The motion was granted and judgment for respondent was entered December 21, 1999. This appeal followed.
Summary judgment is granted when a moving party establishes the right to the entry of judgment as a matter of law. (Code Civ.Proc, § 437c, subd. (c).) In reviewing an order granting summary judgment, we must assume the role of the trial court and redetermine the merits of the motion. In doing so, we must strictly scrutinize the moving party's papers. The declarations of the party opposing summary judgment, however, are liberally construed to determine the existence of triable issues of fact. All doubts as to whether any material, triable, issues of fact exist are to be resolved in favor of the party opposing summary judgment. While the appellate court must review a summary judgment motion by the same standards as the trial court, it must independently determine as a matter of law the construction and effect of the facts presented. (Barber v. Marina Sailing, Inc. (1995) 36 Cal.App.4th 558, 562, 42 Cal.Rptr.2d 697.)
A defendant moving for summary judgment meets his burden of proof showing that there is no merit to a cause of action if that party has shown that one or more elements of the cause of action cannot be established or that there is a complete defense to that cause of action. (Code Civ. Proa, § 437c, subd. (o)(2).) Once the defendant does so, the burden shifts back to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or to a defense to the cause of action. In doing so, the plaintiff cannot rely on the mere allegations or denial of his pleadings, "but, instead, shall set forth the specific facts showing that a triable issue of material fact exists...." (Ibid.; see Union Bank v. Superior Court (1995) 31 Cal.App.4th 573, 590, 37 Cal.Rptr.2d 653.)
A. Summary Judgment Facts
Appellant and respondent began their relationship in 1966, at a time when respondent was still married to his first wife. Appellant later changed her surname to match respondent's. In 1973, the parties' son was born. In 1974, appellant and respondent bought a house in North Hollywood. Title was eventually placed in both their names as joint tenants. Respondent also owned a home on Hobart Street. He and appellant split their living time between the two homes. Respondent stayed with appellant and their son at the North Hollywood home from two to four nights a week. He kept clothes there and took meals at the house. Respondent held himself out to the world as appellant's husband. In 1978, respondent divorced his first wife.
In 1983, they experienced relationship troubles after appellant learned respondent was unfaithful. On October 21, 1983, they signed the property settlement agreement. Pursuant to the settlement agreement, respondent quitclaimed to appellant all his interest in their North Hollywood house. He agreed, among other things, to pay child support of $350 each month, to buy appellant a new car, to pay for construction of a swimming pool at the North Hollywood house, and to provide medical and dental insurance for their son. The agreement was expressly limited to claims then existing and included assurances of full disclosure as to all assets then owned by the parties. It did not include a waiver or release of future or unknown claims. (Civ.Code, § 1542.)
Within one to three weeks of signing the settlement agreement, respondent told appellant he wanted to keep things as they had been before. He also promised to care for her "financially, emotionally and legally" for the rest of her life. In return, she agreed to maintain their home and care for respondent and their son.5 After that time, he continued to live with appellant and her son "as he had before." Appellant said respondent "wanted me to continue providing a home and continue our lifestyle and he was going to continue supporting me." The support agreement was formed as part of discussions about the future of their relationship, their continued love for each other, and their desire to eventually marry. Appellant said she wanted proof of respondent's fidelity before marriage, "so we were working on that."
Appellant said in her declaration that after the support agreement was formed, respondent Much of respondent's summary judgment motion centered on the form of that support, and whether it was sufficient to make the agreement enforceable or was so sporadic that it constituted a breach of the agreement which set the statute of limitations running by 1985.
In 1985, respondent married his second wife. Between 1984 and late 1992 or January 1993, appellant worked for a company named Ipson. During those years, respondent helped pay for various of appellant's expenses. He gave her cash and paid her bills as needed, including utilities and medical insurance. He twice provided her with new cars and sometimes paid for car repairs. Respondent also gave appellant credit cards issued in either her name or respondent's, with respondent paying the charges she incurred. During those years, respondent ...
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