Wednesday, June 27, 2018
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Marriage Properly Annulled Based On Fraud in Inducement—C.A.
Although Trial Judge Found Woman Lied Before Marriage About Religious Affiliation, Affirmance Is Based Solely on Failure to Reveal Intent Not to Dump Boyfriends After Wedding
By a MetNews Staff Writer
The Fourth District Court of Appeal yesterday affirmed the annulment of a marriage which the husband claimed was induced by fraud.
Although Orange Superior Court Judge Salvador Sarmiento’s decision to grant the annulment, sought by petitioner Lawrence Jackson, centered on the wife, Lauren Jackson, claiming before marriage to be a “born again Christian” and revealing afterward she is Jewish, Div. Three’s affirmance was on a different basis.
Sarmiento also found that Lauren Jackson apparently had an intention, concealed from her fiance, to continue sexual relations, after marriage, with three or more boyfriends.
Justice David A. Thompson wrote:
“It is reasonable to presume that Wife’s continued relationship with at least three boyfriends she had before her marriage evidenced an intent at the time of marriage to continue those relationships after the wedding. Wife’s refusal to wear a wedding ring and her insistence Husband not tell people of the marriage add additional weight. Wife’s conduct is related to the sexual aspect of a marriage, which goes to its essence.”
Thompson noted:
“Wife also challenges the court’s reliance on her misrepresentation to Husband she was Christian when in fact she was Jewish. While that may have been a proper basis for the ruling, we do not decide this issue. Wife’s intent at the time of marriage to continue relationships with boyfriends during the marriage and her conduct in doing so is a sufficient ground.”
The wife denied the allegations of unfaithfulness, but Thompson pointed out that Sarmiento found her “not to be credible.”
The case is Marriage of Jackson, G054391.
Downtown Los Angeles attorney Thomas K. Bourke represented Lawrence Jackson and Lauren Jackson was in pro per.
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