California Court of Appeal
118 Cal. App. 4th 1167 (2004)
Christopher Dargan (defendant) and Monica Mehren (plaintiff) were a married couple that separated after several years due to Dargan’s addiction to cocaine. Several months after the separation, Mehren agreed to resume the marriage on the condition that Dargan refrain from using illegal drugs. The parties signed an agreement stating that, if Dargan used illegal drugs again, he would forfeit his interest in certain property shared by the parties as community property. Dargan violated the agreement by using illegal drugs. Mehren filed for divorce and requested that the property at issue be deemed her separate property. The trial court held a pretrial proceeding and found that the agreement was enforceable, because it did not violate public policy. Dargan appealed.
Rule of Law
Holding and Reasoning (Rylaarsdam, J.)
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