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In re Marriage of Noghrey

Court of Appeal of California
215 Cal. Rptr. 153 (1985)


Facts

Kambiz Noghrey (defendant) and Farima Noghrey (plaintiff) entered into an antenuptial agreement on the day of their wedding. The agreement provided that in the event of a divorce, Kambiz would give Farima a house that he owned in Sunnyvale, California, as well as the greater of $500,000 or one-half of his assets. Seven-and-a-half months after their wedding, Farima filed for divorce, claiming the existence and terms of the written agreement and requesting that the terms be enforced. The trial court bifurcated the divorce hearing from the hearing on the validity of the antenuptial agreement. Although the physical agreement could not be located, the trial court heard evidence as to its existence, execution and terms. The trial court held that the agreement existed and was enforceable.  Kambiz appealed.

Rule of Law

The rule of law is the black letter law upon which the court rested its decision.

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Issue

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Holding and Reasoning (Foley, 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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