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Opening Statement. Maglica v. Maglica State of California Superior Court January 1992. Reasons For Lawsuit. Prove that Claire Maglica and Anthony Maglica were co-owners of Mag Instruments.

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Presentation Transcript
opening statement

Opening Statement

Maglica v. Maglica

State of California Superior Court

January 1992

Representing Plaintiff- Claire Maglica

reasons for lawsuit
Reasons For Lawsuit
  • Prove that Claire Maglica and Anthony Maglica were co-owners of Mag Instruments.
  • Claire and Anthony Maglica made an oral contract concerning their marriage and the company ownership in May 1971.
  • Disprove the validity of the Separate Property Agreement signed in 1977 by Claire Maglica.
undisputed facts of the case
Undisputed Facts of the Case
  • Claire and Anthony never legally married
  • Claire did work as an executive for the company Mag Instrument for 20 years
  • A Separate Property Agreement was signed in 1977 by Claire Maglica.
  • Claire and Anthony did reside together in a state of marital like relationship for 23 years
plaintiff s testimony
Plaintiff’s Testimony
  • Claire claims that on May 14, 1971 at the Western Motel in Palm Springs that she and Mr. Maglica made a binding verbal contract concerning joint ownership and operation of the business.
  • Claire also claims that on May, 14 1971 at the St. Patrick Cathedral in New York the she and Mr. Maglica exchanged vows and rings and married in the church.
  • Claire states that she was not only joint owner but also acting as Executive Vice President of Mag Instruments for nearly 20 years.
  • Claire’s claims that she did not know she was signing a Separate Property Agreement releasing her rights to the company in 1977.
claire s role in maglica instruments
Claire’s Role in Maglica Instruments
  • Claire acted as Executive Vice President for the company for nearly 20 years.
  • Claire completed payroll each month for the company.
  • Claire was present and assisted in all decision making aspects of Maglica Instruments along with Anthony Maglica.

Maglica Instruments

defendant s testimony
Defendant’s Testimony
  • Anthony Maglica claims that there was never a verbal agreement made in regards to marriage or the company’s ownership interest.
  • Mr. Maglica states that Claire was an important part of the company but that she was nothing more than an employee.
  • Mr. Maglica claims that Claire holds no interest in Maglica Instruments and that he is retains 100% interest in the company himself.
conclusion
Conclusion
  • Cleary the plaintiff and defendant resided in a marriage like relationship for 23 years.
  • Claire Maglica was in fact a major part of the company’s every day operation and overall success.
  • Claire and Anthony never formally got married so it is up to the court to decide what if any assets are to be divided between the two.
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