IONE DOMINIQUE LOMBARDO, Plaintiff, Cross-defendant and Appellant, v. SANTA MONICA YOUNG MEN'S CHRISTIAN ASSOCIATION, Defendant, Cross-complainant and Respondent
169 Cal. App. 3d 529 · B009237
California Court of Appeal, Second Appellate District · Filed
Holding
The court held that the trial court properly granted summary judgment against the appellant, as her complaint failed to state a cause of action for the imposition of a constructive trust to enforce an oral contract to devise real property because it did not allege facts sufficient to estop the defendant from raising the statute of frauds defense, and that the purported memoranda of agreement were legally insufficient to satisfy the statute of frauds.
Statutes construed
- CCP § 437c
- CIV § 1624
- CIV § 1641
- CIV § 2356
- EVID § 350
- PROB § 150
Cited by (1)
- KAREN JURAN, Plaintiff and Appellant, v. DAVID EPSTEIN, Defendant and Respondent (1994) 23 Cal. App. 4th 882
Authorities cited (2)
- Porporato v. Devincenzi 261 Cal.App.2d 670
- LINA M. DINI, Individually and as Executrix, etc., Respondent, v. ALESSANDRO DINI et al., Appellants 188 Cal.App.2d 506