Milian v. De Leon

Opinion

KAUFMAN, J.

Plaintiff and cross-defendant Arthur Milian appeals from an interlocutory judgment of partition, in which the trial court ordered certain property sold and the net proceeds of sale divided equally between Milian and his co-owner, defendant and cross-complainant Sylvia Ann Sanchez De Leon (Sanchez). On appeal, Milian contends the court prejudicially erred in applying Marvin v. Marvin (1976) 18 Cal.3d 660 [134 Cal.Rptr. 815, 557 P.2d 106] to the circumstances of this case. Alternatively, he urges the court’s finding of an implied contract between the parties for equal…