Court of Appeal of California
142 Cal. App. 4th 1154 (2006)
Lena Velez (plaintiff) and Krista Smith (defendant) were in a domestic-partnership relationship. The couple began their relationship in 1989. In 1994 and 1996, Velez and Smith filed declarations of domestic partnership with local authorities in their city and county. Velez and Smith publicly represented that they were in a domestic partnership. Velez and Smith purchased both real and personal property together and maintained joint bank accounts during the domestic partnership. Velez received health insurance through Smith’s employer, and Smith listed Velez as a dependent on Smith’s tax returns. Neither Velez nor Smith ever filed a declaration of domestic partnership with the state of California. In 2004, Velez filed a petition to dissolve the domestic partnership. In 2005, Velez amended the petition requesting, among other things, a division of property acquired during the partnership. Smith filed a motion to strike the amended petition, because the court did not have jurisdiction. The trial court granted Smith’s motion, and Velez appealed the trial court’s ruling.
Rule of Law
Holding and Reasoning (Swager, 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 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.