Marriage of Feldner
Court of Appeal of California
40 Cal. App. 4th 617 (1995)
William Feldner (defendant) and Celena Feldner (plaintiff) were married in 1954. William worked as a contractor. William entered into a contract to build a home for the Allens. In 1988, a note for $35,000 was signed to insure William’s fee for the project. In 1989, William and Celena separated. In 1990, the Allens filed a lawsuit against William for breach of contract. William had worked on the Allen home for over four years. In the Allen lawsuit, William was found to have breached the contract by failing to complete the home on time, complete the work specified by the plans, provide remedial work, and include specified items in the home. In 1992, the Feldners filed a marital-dissolution action. There was little evidence presented regarding the nature of the Allen lawsuit in the dissolution proceeding. William did not seek reimbursement from the community for post-separation funds used in effort to fulfill the Allen contract. Celena did not seek reimbursement for potential liability from the Allen contract due to William’s nonperformance. The Allen lawsuit awarded $43,500 in damages to the Allens for emotional distress. Neither party requested that the trial court retain jurisdiction to determine whether liability from the Allen lawsuit was tort liability or to determine whether the tort liability was a community or separate obligation. The trial court ruled that the Allen lawsuit was a community debt incurred during the marriage and that each spouse was obligated to pay any debt incurred. Celena filed a motion for reconsideration and attached the court’s opinion from the Allen lawsuit, detailing the facts regarding the contract and William’s breach of the contract. The trial court denied the motion for reconsideration. Celena appealed the trial court’s ruling.
Rule of Law
Holding and Reasoning (Sills, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 173,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.