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Borelli v. Brusseau

16 Cal. Rptr.2d 16 (Cal. Ct. App. 1993)

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Borelli v. Brusseau

California Court of Appeal

16 Cal. Rptr.2d 16 (Cal. Ct. App. 1993)

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Facts

Hildegard Borelli (plaintiff) and Michael Borelli were married for nine years until Michael’s death. Several times during the marriage, Michael was admitted to the hospital due to heart problems. Michael became concerned about his health and longevity and discussed his concerns with Hildegard. After suffering a stroke, Michael required full-time medical care. However, Michael did not wish to be admitted to a nursing home, but rather wanted to live at home. Michael agreed to leave certain real and personal property and other assets to Hildegard upon his death, in exchange for her agreement to care for him at home for the duration of his illness. Hildegard performed her promise, but Michael did not. Upon his death, Michael bequeathed Hildegard approximately $100,000 and his interest in the marital home and left the bulk of his estate, including the assets promised to Hildegard, to his daughter, Grace Brusseau (defendant). Hildegard filed a petition against Brusseau, the executor of Michael’s estate, to enforce the purported agreement between Hildegard and Michael. Brusseau moved to dismiss the petition on the ground that any alleged contract was without consideration and void as against public policy. The trial court agreed and dismissed the petition. Hildegard appealed.

Rule of Law

Issue

Holding and Reasoning (Perley, J.)

Dissent (Poche, J.)

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