Frivolous Suit & Appeal

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7^th Circuit Court of Appeals

Case Name: Jonathan Arnold v. Leticia Villarreal

Case No.: 14-3204

Officials: FLAUM, EASTERBROOK, and SYKES, Circuit Judges.

Focus: Frivolous Suit & Appeal

In the fall of 2004, Jonathan Arnold and Leticia Villarreal exchanged marriage vows in California in a ceremony solemnized by a priest and a rabbi. But they failed to file their marriage license with the county recorder within 10 days of the ceremony as required by California law. Shortly before the license expired, the county recorder sent a letter informing them that the license had not yet been filed and reminding them that they needed to file it to complete the legal process. The couple did nothing and the license expired unfiled. Although they were not legally married, the couple remained together for about three years, had a child, and purchased a condo in California. By the summer of 2007, their relationship had deteriorated, and they separately filed for divorce—she in California, he in Illinois. The divorce proceedings were terminated when they stipulated that they were never married. Arnold then sued Villarreal in federal court in Chicago on various fraud theories. He claimed that she tricked him into believing the two were legally married to induce him to give her gifts, including the California condo. The district court entered summary judgment for Villarreal, characterizing the suit as “frivolous.” Frivolous is an apt description. First, the undisputed facts show that Villarreal told Arnold early on that she suspected they weren’t legally married. Indeed, she insisted that they get a new marriage license and do the whole thing over. They obtained a new license but did nothing further. Second, even if we accept that at some point along the way Villarreal lulled Arnold with reassurances that they were legally married, Arnold was not justified in relying on her representations. He knew, because the county recorder had told them in writing, that the marriage license had not been filed as required by California law. Accordingly, we affirm the district court’s judgment. We also grant Villarreal’s motion for sanctions against Arnold for filing a frivolous appeal.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.