Logourl black
From our private database of 14,100+ case briefs...

Marriage of Lafkas

Court of Appeal of California
188 Cal. Rptr. 3d 484 (2015)


Facts

John Lafkas (plaintiff) owned one-third of a real estate partnership, Smile Enterprises, when he married Jean Doane (defendant). During the marriage, Smile Enterprises’s partnership agreement was modified to include Doane as well as the wives of the other two original partners. The agreement stated that Lafkas and Doane had a one-third interest in Smile Enterprises as husband and wife. Lafkas filed a petition for legal separation from Doane. Doane responded to the petition with a request for dissolution of the marriage. The marriage was dissolved, and Lafkas filed a motion for a separate trial on the classification of the one-third interest in Smile Enterprises. Lafkas claimed that the interest was his separate property. Doane claimed that the interest was community property on account of the partnership-modification agreement. Doane argued that partnership law, not community property law, applied. The trial court found that the partnership-modification agreement satisfied the statutory transmutation requirement that a transmutation be made in writing and expressly state that the agreement is effecting a change in the character of the property. Lafkas appealed.

Rule of Law

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

To access this section, please start your free trial or log in.

Issue

The issue section includes the dispositive legal issue in the case phrased as a question.

To access this section, please start your free trial or log in.

Holding and Reasoning (Kriegler, J.)

The holding and reasoning section includes:

  • 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.).

To access this section, please start your free trial or log in.

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 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.

  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. Read more about Quimbee.

Here's why 218,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 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.