Whorton v. Dillingham
California Court of Appeal
1Opinion of the Court
Opinion
WORK, J.
Donnis G. Whorton appeals a judgment dismissing his action against Benjamin F. Dillingham III after the court sustained a demurrer without leave to amend. Whorton claims property rights based on an oral cohabiters’ agreement with which he fully complied but which Dillingham breached after approximately seven years. The trial court found the pleadings showed the contract was unenforceable as expressly and inseparably based on sexual services. We conclude Whorton has alleged consideration for the purported contract substantially independent of sexual services, and reverse the…
2Cases cited14 opinions
- Marvin v. MarvinCalifornia Supreme Court · 1976
- Taylor v. FieldsCalifornia Court of Appeal · 1986
- Tyranski v. PigginsMichigan Court of Appeals · 1973
- Marvin v. MarvinCalifornia Court of Appeal · 1981
- Walters v. CalderonCalifornia Court of Appeal · 1972
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3Cited by21 opinions
- Krieger v. Nick Alexander Imports, Inc.California Court of Appeal · 1991
- Marathon Entertainment, Inc. v. BlasiCalifornia Supreme Court · 2008
- Cochran v. CochranCalifornia Court of Appeal · 1997
- Estate of Shapiro v. United StatesCourt of Appeals for the Ninth Circuit · 2011
- Doe v. BurklandSupreme Court of Rhode Island · 2002
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