BORELLI V. BRUSSEAU 12 Cal.App.4th 647 (1993) CASE BRIEF

BORELLI V. BRUSSEAU

12 Cal.App.4th 647 (1993)

NATURE OF THE CASE: Borelli (P), wife, challenged a judgment of dismissal after a demurrer was sustained without leave to amend her complaint against Brusseau (D), daughter of decedent and executor of his estate. P's complaint sought specific performance of decedent's promise to transfer property to her in return for her promise to care for him at home after he suffered a stroke.

FACTS: Borelli (P) and decedent entered into an antenuptial contract on April 24, 1980. They were married the next day. P remained married to decedent until January 25, 1989, when he died. During their marriage, decedent became concerned about his health and heart problems and discussed final dispositions of his property with P. He discussed these fears and concerns with P and told her that he intended to 'leave' the following property to her. 1. 'An interest' in a lot in Sacramento, California. 2. A life estate for the use of a condominium in Hawaii. 3. A 25 percent interest in Borelli Meat Co. 4. All cash remaining in all existing bank accounts at the time of his death. 5. The costs of educating decedent's stepdaughter, Monique Lee. 6. Decedent's entire interest in a residence in Kensington, California. 7. All furniture located in the residence. 8. Decedent's interest in a partnership. 9. Health insurance for appellant and Monique Lee. Decedent during his times of sickness wanted to be cared for in his home and as such promised to leave certain property to P if for the duration of his illness P would care for him in his home. P performed the promise but the decedent did not honor his word as the will bequeathed P the sum of $100,000 and his interest in the residence that was owned as joint tenants. The bulk of the estate went to D, the decedent's daughter. P sued the estate to enforce the promise by specific performance. D demurred and the trial court sustained the demurred and dismissed the case without leave to amend. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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