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Opening Statement Maglica v. Maglica

Opening Statement Maglica v. Maglica . IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION THREE 1998. Reasons For Lawsuit . For Claire Maglica to obtain her share of Mag Inc. A contract was entered unto between the Claire Maglica and Anthony Maglica

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Opening Statement Maglica v. Maglica

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  1. Opening StatementMaglica v. Maglica IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIAFOURTH APPELLATE DISTRICTDIVISION THREE 1998

  2. Reasons For Lawsuit • For Claire Maglica to obtain her share of Mag Inc. • A contract was entered unto between the Claire Maglica and Anthony Maglica • Decided Whether or not Claire’s contract with Anthony is to be honored

  3. Undisputed Facts of the Case • 1971-Claire and Anthony meet • 1971- Claire started using Anthony’s last name • There was a 23 year relationship • Claire helped out with the Corporation • 1992- Anthony tried to give stock to children but not Claire

  4. The question that is to be decided is whether or not Claire Maglica is entitled to her share of Mag. Instrument.

  5. Plaintiff's Testimony • Attorney-Is May 14, 1971 Important to your relationship with Anthony Maglica? Why? • Claire-May 14, 1971 is the day Anthony and I celebrates our Wedding Anniversary and it is the day the contract was created • The contract/promise- We will share our lives together, we will share the good times and the bad, everything we go together we will own together, we love each other, we are as if man and wife.

  6. Defendant's Testimony • Anthony- Claire has no interest he has 100% • Anthony- He don’t remember saying they are man and wife or making vows. • Anthony- Claire’s main contribution to the company was reading to him.(He didn’t speak English well)

  7. Other Evidence • The "Separate Property Agreement" Claire says she signed something that says they would get married • The original copy of the agreement cannot be found • Claire’s last name on the agreement was spelled wrong

  8. Other Evidence • In the 70s when Claire’s son was going to college on his application it stated that, "Do you own half of a company?" • Claire answer NO

  9. Other Evidence • Business receipts shows that Claire sometimes lied to get money from the company

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