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IN RE MARRIAGE OF BURKLE

No. B179751.

43 Cal.Rptr.3d 181 (2006)

139 Cal.App.4th 712

In re MARRIAGE OF Janet E. and Ronald W. BURKLE. Janet E. Burkle, Appellant, v. Ronald W. Burkle, Respondent.

Court of Appeals of California, Second District, Division Eight.

May 18, 2006.

Attorney(s) appearing for the Case

Philip Kaufler, Hugh John Gibson, Beverly Hills, and Hillel Chodos, for Plaintiff and Appellant.

Wasser, Cooperman & Carter, Dennis M. Wasser and Bruce E. Cooperman, Los Angeles; Greines, Martin, Stein & Richland and Irving H. Greines, Los Angeles; Christensen, Miller, Fink, Jacobs, Glaser, Weil & Shapiro and Patricia L. Glaser, Los Angeles, for Defendant and Respondent.

BOLAND, J.

SUMMARY

The issue in this case is the enforceability of a post-marital agreement. We affirm the trial court's order finding the agreement valid and enforceable. Our conclusions are:

• A presumption of undue influence does not arise in an interspousal transaction unless one spouse obtains an unfair advantage or obtains property for which no or clearly inadequate consideration has been given. The presumption does not apply to a post...

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