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Downer v. Bramet

Court of Appeal of California
199 Cal. Rptr. 830 (1984)


Facts

Gloria Downer (plaintiff) and George Bramet (defendant) were married from 1953 until 1971, when they separated. From 1943 to 1976, Mr. Bramet, a CPA, worked as an executive officer, managing several corporations owned by Chilcott Enterprises, which was operated by Mr. and Mrs. Chilcott. Chilcott Enterprises had no retirement program. Following their 1971 separation, in August 1972, Mr. and Mrs. Chilcott deeded their interest in an Oregon ranch in three equal shares to Mr. Bramet and two other employees, in recognition of longstanding dedication and dependability. Mr. Bramet and the Chilcotts did not have a social relationship or interact outside of work. In December 1972, Ms. Downer and Mr. Bramet executed a marital-settlement agreement that did not incorporate or mention in any way the Oregon ranch interest Mr. Bramet owned. In 1978, the Oregon ranch was sold. In 1980, Ms. Downer brought an action to determine her interest in the Oregon ranch and the proceeds of the 1978 sale. The trial court granted Mr. Bramet's motion for nonsuit on the ground that the interest in the Oregon ranch was acquired by gift. Ms. Downer appealed the judgment of nonsuit.

Rule of Law

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Issue

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Holding and Reasoning (Kaufman, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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