.......... Discovery often makes or breaks Marvin cases. All too often, the Plaintiff's case is based on nothing more than adept pleading, and falls apart when exposed to the harsh light of the facts. See, e.g., Kurokawa v. Blum (1988) 199 Cal.App.3d 976, 983-984 [245 Cal.Rptr. 463].

.......... Defense counsel should take advantage of the defendant's discovery priority, and notice the plaintiff's deposition right away. The deposition should be taken early, before the plaintiff has had time to craft a "story," and definitely before the plaintiff has learned the defendant's legal and factual contentions.

.......... Counsel should carefully examine the claimant regarding all of the details of the claim, including:

.................... a. Where the alleged agreement was made;

.................... b. Who was present when the agreement was made;

.................... c. The terms of the alleged agreement, including:

.............................. 1. What was to happen if the relationship is terminated? If a party died? If a party married someone else?

.............................. 2. How much support was to be provided, under what circumstances, and for how long? What was the governing standard for determining support (ability to pay, a certain monthly amount, etc.).

.............................. 3. What was the plaintiff supposed to do in exchange for support or property?

.................... d. The role of sex in the relationship;

.................... e. Circumstantial evidence of the alleged agreement including:

.............................. 1. Joint bank accounts;

.............................. 2. Joint charge accounts or mutually assumed loan obligations;

.............................. 3. References to property as "ours" or "mine";

.............................. 4. Holding out as husband and wife;

.............................. 5. Change of name;

.............................. 6. Property held in joint names; joint contributions toward acquisition of property.

.......... The importance of carefully planning and implementing discovery cannot be overstated. More than one Marvin case has settled for nothing more than mutual releases after the plaintiff's case was destroyed in a thorough deposition.

.......... The information on this Web page is based on California law. It is not legal advice and cannot replace the advice of competent legal counsel licensed in your State based on the specific facts and circumstances of your case. See Disclaimer .