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Marriage of Frick

Court of Appeals of California
226 Cal. Rptr. 766 (1986)


Facts

Jerome Frick (plaintiff) owned a parcel of real estate that was the site of the Mikado Hotel and Restaurant. The real estate was subject to a mortgage payable to Transamerica. The Mikado Hotel paid rent to Jerome’s personal account both before and during his marriage to Hiroko Frick (defendant). Jerome then paid the mortgage payments to Transamerica from his personal account as well. Although it changed over time, the rent paid into Jerome's account from Mikado was always greater than the amount of the mortgage payment from Jerome's account to Transamerica. Jerome brought an action to determine, among other issues, an allocation of community and separate property. The trial court determined that the mortgage payments that reduced the principal due to Transamerica were made from community property. Jerome appealed the trial court's decision.

Rule of Law

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Issue

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Holding and Reasoning (Johnson, 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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