Byrne v. Laura

In Byrne v. Laura (1997) 52 Cal.App.4th 1054, there was evidence that: (1) Skip, who had repeatedly proposed marriage to Flo, assured Flo that he would take care of her for the rest of her life in exchange for her services as a homemaker; (2) Flo retired from her job because Skip wanted her to stay home and spend more time with him; (3) Skip did provide for Flo while the couple lived together until Skip's death; (4) Skip repeatedly told Flo and others that everything he had was Flo's and that he would put all of his property in her name. (Id. at pp. 1059-1063.) In light of this and other similar evidence, the Byrne court reversed a summary judgment that had been entered against Flo. The Byrne court found that there were triable issues as to several of Flo's claims for relief and that, to the extent Skip's promises to Flo could be characterized as an agreement to create a joint tenancy, there was a triable issue as to whether the estate was equitably estopped from asserting the statute of frauds as a defense. (Id. at pp. 1063-1074.)