Vogt, Resnick & Sherak Wins Trial By Motion for Judgment
Vogt, Resnick & Sherak, LLP (“VRS”) represented a father in a lawsuit filed against him by his adult daughter. The daughter alleged that she and her father entered into an oral agreement whereby the father agreed upon his death to leave her two residential properties acquired by the father and valued at $2 million. She also alleged that he agreed not to encumber or sell the properties without her permission during his lifetime.
At the trial, VRS Partner and trial attorney Jeany Duff filed a motion for judgment after plaintiff’s case in chief, arguing that the daughter failed to prove her case. The court agreed, finding that the daughter failed to prove the existence of an oral agreement and further, that even if there was an oral agreement, the fact that the agreement was not in writing was a complete defense to her claims (in California, agreements regarding real estate must be in writing).