Judy Sidden (plaintiff) and Richard Mailman (defendant) were married. Sidden and Mailman separated and began discussing the distribution of their marital assets. Mailman drafted a list of all of the couple’s assets. Sidden and Mailman agreed on the distribution of the assets and signed an agreement to that effect. Sidden and Mailman then divorced. Mailman had omitted from the list of assets his retirement account, which was worth $158,100. Mailman claimed that the omission was inadvertent. Sidden brought suit, challenging the validity of the distribution agreement. Sidden claimed that Mailman’s omission of the retirement account from the list of assets constituted fraud. The trial court found in favor of Mailman, holding that Sidden’s fraud claim must fail, because she had not pled breach of fiduciary duty. Sidden appealed.