In re Marriage of Meagher and Maleki
California Court of Appeal
31 Cal. Rptr. 3d 663 (Cal. Ct. App. 2005)
- Written by Jamie Milne, JD
Facts
When psychiatrist Anne Meagher (plaintiff) met Malekpour Maleki (defendant), Meagher was partially disabled, working part-time, and nearing retirement. Maleki was a real estate broker, investor, and importer in his late sixties living on income from his real property. Based on Maleki’s representations, Meagher believed Maleki was a millionaire with financial and real estate expertise. After the pair formed a romantic relationship, they also entered a joint business venture. As part of that venture, Meagher purchased three residential investment properties on Maleki’s advice, two directly from Maleki and one using Maleki as a broker. Maleki told Meagher that he would reimburse her for the purchase price of the two properties purchased from him but, unbeknownst to Meagher, did not do so. The couple married in 1999. In 2002, Maleki informed Meagher that they did not have enough money to cover their living and business expenses, causing Meagher to doubt Maleki’s financial situation and his management of their business venture. When Meagher asked for more information, Maleki became defensive and threatened to divorce Meagher unless she gave him joint ownership of all her assets, including her home and pension. Meagher then asked Maleki to buy her out of the business venture, something Maleki had previously represented he was able to do. However, Maleki told her that he was unable and unwilling to do so. The couple separated shortly thereafter, and Meagher petitioned for dissolution of the marriage. She later moved for an annulment. The trial court annulled the marriage on the basis that Maleki had fraudulently induced Meagher to enter the marriage. Maleki appealed, arguing that fraud regarding only financial matters was not a valid basis for annulment.
Rule of Law
Issue
Holding and Reasoning (Ruvolo, J.)
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