Quimbee logo
DMCA.com Protection Status

In re Marriage of Grinius

212 Cal. Rptr. 803 (1985)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

In re Marriage of Grinius

California Court of Appeal

212 Cal. Rptr. 803 (1985)

Facts

Joyce Grinius (plaintiff) and Victor Grinius (defendant) were married at the time that they opened a restaurant together. In order to open the restaurant, Victor and Joyce took out a Small Business Administration loan (SBA loan) through California First Bank for $80,000 and a private loan for $40,000 from Home Federal Savings and Loan (Home Federal loan). The SBA guaranty of the loan was signed only by Victor, but the promissory note for the SBA loan was signed by both Victor and Joyce. Victor only signed the Home Federal loan note. The loan proceeds were used to purchase real estate for $60,000 and also to fund a joint-checking account used for equipment purchases, restaurant expenses, and Victor and Joyce’s personal living expenses. The restaurant real estate was titled in Victor's name alone, without Joyce's knowledge or consent. Payments on the loans were made from the joint-checking account. However, in 1978, Victor paid off the balance of the SBA loan with his separate property, and Victor and Joyce executed a second note from San Diego Trust that paid off the remaining balance of the Home Federal loan. During the trial-court proceedings, Victor stipulated that the restaurant business was community property. The trial court ruled that the restaurant real estate was the separate property of Victor. Joyce appealed the trial court's decision.

Rule of Law

Issue

Holding and Reasoning (Work, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership