Etienne v. DKM Enterprises, Inc.

136 Cal. App. 3d 487, 186 Cal. Rptr. 321 (1982)

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Etienne v. DKM Enterprises, Inc.

California Court of Appeal
136 Cal. App. 3d 487, 186 Cal. Rptr. 321 (1982)

Facts

Common-law spouses Raphel Etienne and Bobby Etienne (plaintiffs) filed suit after Raphel injured his arm while cutting down a tree made by DKM Enterprises, Inc. (defendant). Four causes of action in the complaint focused on Raphel Etienne and the injuries from the accident. The fifth and sixth causes of action were a claim on behalf of Bobby Etienne for negligent infliction of emotional distress and for loss of consortium. DKM Enterprises filed a motion for summary judgment related to the fifth and sixth causes of action, arguing Raphel Etienne and Bobby Etienne were not legally married. The trial court granted the motion, finding the evidence provided by Raphel Etienne and Bobby Etienne was insufficient as a matter of law to establish a common-law marriage under Texas law. Bobby Etienne appealed the trial court decision related to the summary judgment on the fifth and sixth causes.

Rule of Law

Issue

Holding and Reasoning (Puglia, J.)

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