Maglica v. Maglica Case for the Plaintiff Opening Statement

Reasons for Lawsuit Suing defendant for breach of contract, breach of partnership agreement, fraud, breach of fiduciary duty and quantum meruit Suing defendant for breach of contract, breach of partnership agreement, fraud, breach of fiduciary duty and quantum meruit Recover half the value of the business, Mag Instruments, Inc. Recover half the value of the business, Mag Instruments, Inc. Total value of the company estimated at $400 million Total value of the company estimated at $400 million

Undisputed Facts of the Case Engaged in a 23 year common law marriage; beginning in May 1971 Engaged in a 23 year common law marriage; beginning in May 1971 Parties lived together Parties lived together Plaintiff used Defendant’s last name Plaintiff used Defendant’s last name Marriage was not legal Marriage was not legal Ceremony was not presided over by a member of the clergy or Justice of the Peace Ceremony was not presided over by a member of the clergy or Justice of the Peace Both parties were involved in divorce proceedings from previous marriages Both parties were involved in divorce proceedings from previous marriages Never legalized marriage Never legalized marriage

Plaintiff’s Testimony Parties were married on May 14, 1971 Parties were married on May 14, 1971 Oral agreement between parties stating a division of business and assets on same day of wedding Oral agreement between parties stating a division of business and assets on same day of wedding Never legalized marriage due to defendant’s objections Never legalized marriage due to defendant’s objections

Plaintiff’s Testimony (continued) Worked for business with no pay until company was incorporated in 1975, after which she received an annual salary Worked for business with no pay until company was incorporated in 1975, after which she received an annual salary Made a significant contribution to the business and is largely responsible for its success Made a significant contribution to the business and is largely responsible for its success Should be compensated for contributions Should be compensated for contributions

Defendant’s Testimony Admits knowledge of and agrees that parties were married on May 14, 1971 Admits knowledge of and agrees that parties were married on May 14, 1971 States that because marriage was not legal, he never considered Claire to be his wife States that because marriage was not legal, he never considered Claire to be his wife NO oral contract between parties giving plaintiff 50 percent interest in company NO oral contract between parties giving plaintiff 50 percent interest in company

Defendant’s Evidence 1976 College Financial Aid Form 1976 College Financial Aid Form Separate Property Agreement – signed by both parties in 1977 Separate Property Agreement – signed by both parties in 1977 Plaintiff’s Travel Expense Receipts Plaintiff’s Travel Expense Receipts

Anthony "Tony" Maglica opens his machine shop May 14, Tony and Claire are married Claire sues Tony to receive her promised share of the company May 14, Tony promises Claire a 50% interest in the company through an oral agreement Mag Instruments becomes a corporation Major Events Timeline

An illustration of just a few of the wide variety of products Mag Instruments, Inc. manufactures and sells.

Conclusion Plaintiff will prove: Plaintiff will prove: Parties were considered to have a common law marriage Parties were considered to have a common law marriage Oral agreement existed between parties giving 50% interest in Mag Instruments, Inc. to plaintiff Oral agreement existed between parties giving 50% interest in Mag Instruments, Inc. to plaintiff Separate Property Agreement is invalid Separate Property Agreement is invalid Plaintiff should recover compensation for her years of contributions to company Plaintiff should recover compensation for her years of contributions to company