Facts

In 1978 Plaintiff August Bittner moved into a Poway house owned by Kathryn Nuss, a widow. He claimed that before moving in, he and Ms. Nuss made an oral agreement that they would pool their incomes and share in all living expenses. In exchange, they would share equally in any appreciation in the property's value from that point forward. At the time he moved in, the property was worth approximately $150,000. Mr. Bittner and Ms. Nuss never married.

From 1978 until Ms. Nuss died in December 2004, Mr. Bittner gave all of his income to Ms. Nuss, who handled all household finances. She paid the mortgage out of a separate checking account in her name. She also refinanced the original mortgage at least three times, always taking out a new loan in her name alone.

At the time of her death the property was worth $820,000. Ms. Nuss never changed title to reflect Mr. Bittner's alleged interest, nor did she change her 1977 will, which left everything to her two children by her late husband. Both children testified that during her lifetime she told them repeatedly that they would inherit her entire estate.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the executor's denial of his creditor's claim was a breach of an oral "Marvin" agreement.

DEFENDANT'S CONTENTIONS:
The executor (Ms. Nuss' son) contended that there was no agreement, and that any agreement would have to be proven by clear and convincing evidence, per Estate of Housley (1997) 56 CA 4th 342.

Settlement Discussions

Plaintiff demanded $225,000 per California Evidence Code Section 998.

Result

Jury verdict for plaintiff in the amount of $256,529.

Other Information

Bench decision on cross-claim for post-death rent is pending.

Deliberation

one day.

Poll

12-0 (Liability); 11-1 (Damages)

Length

three days