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Real Property
Partition
Accounting

Paul Marshall Kincaid v. Mary Ann Elizabeth Strout, and Does 1 to 20, inclusive

Published: Mar. 4, 2017 | Result Date: Feb. 6, 2017 | Filing Date: Jan. 1, 1900 |

Case number: 30-2015-00818636-CU-OR-CJC Settlement –  $110,000

Court

Orange Superior


Attorneys

Plaintiff

Jennifer A. Marrow

Jonathan G. Gabriel
(Gabriel Salomons LLP)

Gary K. Salomons


Defendant

Carter A. Mudge


Facts

Paul Kincaid sued Mary Strout, concerning the parties' property located in Newport Coast.

Contentions

PLAINTIFF'S CONTENTIONS:
In 2006, the parties purchased the subject real property. Each held a one half undivided interest as joint tenant. The parties lived in the property together until April 2014 when they ended their relationship. Plaintiff then filed this suit, alleging causes of action for partition and accounting.

DEFENDANT'S CONTENTIONS:
Defendant sought equal division of the proceeds from the sale of the property. Defendant also asserted various affirmative defenses.

Result

The parties reached a settlement under which Strout agreed to pay Kincaid $110,000, the return of the engagement ring, and reasonable access to the property to re-take certain personal property.

Other Information

FILING DATE: Nov. 5, 2015.


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