William F. Constans v. Ann M. Schmucky
Published: Oct. 8, 2002 | Result Date: May 24, 2002 | Filing Date: Jan. 1, 1900 |Case number: GIC778495 Bench Decision – $0
Judge
Court
San Diego Superior
Attorneys
Plaintiff
Defendant
Glen F. Dorgan
(Office of the U.S. Attorney)
Facts
In April 1999 the plaintiff and the defendant jointly purchased a parcel of residential real
property in San Diego. The parties anticipated that they would marry and use the property as
their principal place of residence. In December 1999, the parties transferred their ownership
interest in the property into a trust for the express purpose of holding, administering and
distributing the property according to the trust terms. The property remained in trust until June
2001 when the parties ended their relationship, sold the property and split the proceeds equally.
Damages
The plaintiff alleged damages amounted to approximately $75,000 representing unreimbursed property expenses.
Result
In granting summary judgment for the defendant, the court found that the trust contained the complete, exclusive and final terms of the parties' agreement. Accordingly, the court held that any evidence of previous and contemporaneous oral agreements would be inadmissible under the parole evidence rule. (Code of Civ. Proc., Section 1856.) Judgment in favor of the defendant was entered on July 1, 2002.
Other Information
On May 24, 2002, the Court granted the defendant's motion for summary judgment. The Court found that the trust contained the complete, exclusive and final terms of the parties' agreement. Accordingly, the Court held that any evidence of previous and contemporaneous oral agreements would be inadmissable under the parole evidence rule. (Code of Civ. Proc., Sectrion 1856.) Judgment in favor of the defendant was entered on July 1, 2002.
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