AC v CM
Mr. Horwitz represented CM and his daughter, RC in an action filed against them by Rosalie’s soon-to-be ex-spouse, AC.
RC’s mother, IM, owned and resided in a small single-family bungalow with a small guest house (the Steiner property). Upon Irene’s death, the property passed to Carl. Rosalie is Carl’s only living child. In late 2002 or early 2003 Carl is alleged to have made an oral gift of the Steiner home to Rosalie and her then husband, Adam. The couple moved in and spent more than $164,000 improving the residence and grounds. In 2002, Adam demanded that Carl convey title to the property and was refused. Between 2002 and 2005, Adam and Rosalie continued to discuss the transfer of title. Carl refused to transfer title.
In April 2008, due to a marital dispute, Adam was locked out of the property. At that time the marriage effectively ended, and Adam and Rosalie dissolved their marriage. According to a spreadsheet submitted by Adam, he spent a total of $164,171.71 on improvements to the Steiner property between 2002 and 2007. He filed suit against Rosalie and Carl seeking relief based on (1) imposition of equitable lien and constructive trust, (2) unjust enrichment, (3) common count for money due and owing, (4) common count for quantum meruit, (5) declaratory relief, and (6) partition.
Mr. Horwitz filed a successful Motion for Summary Adjudication on the equitable lien, constructive trust, declaratory relief and partition causes of action. After a bench trial, Mr. Horwitz obtained a defense verdict in favor of Rosalie, and had the $164,171.71 claim reduced to an award of $52,416.