Procedural Posture

Appellant sought review of an order from the Superior Court of Orange County (California) finding that she had committed fraud on her husband in connection with their marriage and imposing a constructive trust on appellant's interest in joint property. Appellant sought review of that decision and the denial of her motion to tax certain costs.

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Overview

Appellant sought divorce from respondent. Respondent filed a separate civil lawsuit alleging fraud. Respondent's complaint alleged that appellant had never loved him but had represented to him that she did in order to induce him to marry her and transfer property. The jury found that appellant had indeed made a false representation as to a past or existing material fact, and awarded damages suffered by respondent in reliance on the truth of that representation. The jury next found that appellant owed a duty of trust and confidence to respondent to hold the property for the plaintiff and his children. They determined she breached that duty by failing to convey the property upon request. The court entered judgment in accordance with the jury findings and denied appellant's motion to tax certain costs. The court concluded that the trial court erred in not dismissing respondent's complaint, most of which was substantively for breach of promise and precluded by the California anti-heart-balm statute, Cal. Civ. Code § 43.5. Any arguable claims left to be determined was beyond the jurisdiction of the civil court in light of the ongoing family law action.

Outcome

The court reversed the trial court's judgment with directions to enter judgment in favor of appellant wife reversed the order denying expert witness fees, and ordered respondent husband to pay the attorney fees of appellant.