Facts

In 2017, Harvey Kennedy gave Anthan Manocchi a total of $30,000, on two separate occasions. The first amount, $20,000 was provided in August 2017 whereas the second, $10,000, in October 2017. Two years later, Kennedy asked Anthan to pay it back, and Anthan did not. Kennedy then filed suit against Anthan for, among others, breach of contract. When Kennedy passed away, a "Notice of Death of Plaintiff" was filed on October 8, 2020. Then on February 4, 2021, Nina Schadler, the successor trustee for Kennedy's trust and Anthan's sister, substituted in for Kennedy as plaintiff.

PLAINTIFF'S CONTENTIONS: Plaintiff Schadler contended that the $30,000 provided to Anthan was a loan. When defendant Anthan's mother, Eula, asked Kennedy to loan Anthan the money for house repair construction, he did so twice. In fact, Kennedy stated that in later meetings with Anthan, they discussed that it was a loan and talked repayment. Plaintiff also argued that defendant Anthan's statements that when Eula provided the checks, she told him that they were gifts was self-serving since Anthan was the only witness to that conversation and Eula was now dead. Finally, according the Kennedies, Anthan stated, "I'll pay you back."

DEFENDANT'S CONTENTIONS: Defendant Anthan contended that the monies were irrevocable gifts under Civil Code Section 1146. His mother, Eula, was a close friend and companion of Kennedy. When Kennedy's wife passed away, he moved into Eula's home, referring to Eula as his "partner" and "shar[ing] the bed together." He stayed with Eula and lived with her for about 10 to 12 years and was close to her family, telling her children to call him "dad." Moreover, throughout the years, Kennedy regularly gifted those close to her while they were both alive including a new car to Eula's daughter; a used car to Eula's grandchild; a paid trip to Paris to Eula's grandchild; a new car for Eula; jewelry for Eula; cash gifts to Eula; $20,000 to Eula's daughter; over $25,000 to Eula's grandchild to pay off two vehicle loans; and a used van to Anthan. As to the $30,000, Anthan claimed that he never solicited the funds from Kennedy. Instead, Kennedy gave the $20,000 because Eula indicated that Kennedy wanted to give this gift to help with the house repair. Then, on October 3, 2017, Kennedy gave Anthan another $10,000 "because the repair expenses, specifically the bathroom, were more expensive than originally estimated" and Kennedy further stated that "he wanted to help because he could." When Eula died a year later, around October 16, 2018, there was "no discussion about the $30,000." Due to the numerous instances that Kennedy gifted Eula and her family, and because there had been no mention that the $30,000 was a loan, Anthan thought that it was a gift. Furthermore, his relationship with Kennedy did not deteriorate until after Eula's death, and Anthan felt that this was largely due to Schadler's influence on Kennedy. Eula had named Anthan as the successor to her trust rather than plaintiff Schadler (Anthan's sister). Schadler had told Anthan that he "needed to give the lamp and stereo up or it would cost [him] $30,000. Shortly thereafter, Anthan heard about the repayment of the $30,000. In fact, at no point did Kennedy suggest that the money was given as something other than a gift nor was there any mention of repayment until one year after the disbursement of the checks. Kennedy never gave the checks directly to Anthan but instead gave them to his mother who then gave the checks to him.

Result

Defendant Anthan's motion for summary judgment was granted.