Tuesday, November 19, 2019
Case Brief Study Example | Topics and Well Written Essays - 500 words
Brief - Case Study Example While the plaintiff does not have her palimony agreement in writing, because she filed her claim before the enactment of the new legislature, the judge ruled the amendment does not apply to her case. In doing such, the judge further ruled to deny the defendantââ¬â¢s motion to dismiss the complaint and the defendantââ¬â¢s counterclaims. Barbara A. Botis is the girlfriend of the late Gary A. Kudrick. Botis claims herself and Kudrick were in a ââ¬Å"marriage-type relationshipâ⬠for the greater part of 32 years after Kudrick divorced his wife. Botis further claims that Kudrick promised to take care of her after his death even though he did not put her in his will. Therefore, Botis seeks palimony- or compensation made by one member of an unmarried couples to another member after separation. Estate of Gary A. Kudrick denies that Botis and Kudrick were ever in a ââ¬Å"marriage-type relationshipâ⬠and, therefore, the plaintiff is not entitled to any compensation. Furthermore, the Estate seeks its own compensation from the plaintiff for unauthorized withdrawals from a home equity line on one of the deceasedââ¬â¢s residences, removing belongings from one of the residences, and refusing to return stolen financial documents. In addition, the defendant later requested to expand the later counterclaim to include fraud, perjury, attorney fees, and punitive damages. Plaintiff stands that her and the late Gary Kudrick met in high school in approximately 1954. Although they initially married other people, after both of their respective marriages ended, they began a committed relationship. In 1976, Kudrick moved into Botisââ¬â¢s residence while still maintaining his own separate residence. They then lived together for approximately eight years before selling her residence and moving into his expanded residence in 1984 of which she claims she invested $17,000. Then, in 1995, they supposedly purchase another home
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