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CONFIDENTIAL

Mar. 7, 2004

Contracts
Breach of Oral Contract
Palimony

Confidential

Settlement –  $750,000

Judge

Raymond A. Guadagni

Court

Napa Superior


Attorneys

Plaintiff

Sandra J. Springs


Defendant

Ronald F. Berestka


Facts

This is a "Marvin palimony" action. The plaintiff Margo Perry lived with the defendant Paul Maroon for nearly eight years. During that time, the plaintiff and the defendant had an agreement that the plaintiff would give up her business in order to live with the defendant, help him in various businesses, be his companion, confidante, personal assistant and travel companion. She allegedly complied and was additionally helpful in his business by handling much of the marketing and personal interaction with clients as well as business development. When the parties ended their relationship, the defendant forced the plaintiff from the home and did not allow her to return. The plaintiff sued the defendant for breaching their oral agreement, for failing to support her and for refusing to let her take gifts he had given her. The defendant denied the existence of the agreement.

Damages

The plaintiff sought damages for the breach of the alleged oral agreement.

Other Information

The mediation of the matter was unsuccessful. On the first day of trial, the parties settled for $750,000 with $250,000 cash being paid to the plaintiff, with an additional $300,000 deed of trust against their 32-acre vineyard and Napa home. The defendant also returned the plaintiff's personal property including a Mercedes Benz SUV, a membership in the Napa Country Club and other property equaling approximately $100,000. The defendant did not want the plaintiff driving around Napa in the Ferrari he had given her. The plaintiff agreed that the defendant could keep her Ferrari as the companion to the Ferrari he purchased for himself.


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