Johnston v. Johnston
Court of Appeals of California
22 Cal. Rptr. 2d 253 (Cal. Ct. App. 1993)
Relevant factsFree
Brenda Johnston (plaintiff) sought an annulment from Donald Johnston (defendant) based on fraud, testifying she was unaware of his drinking problem when they married and that, although she knew he was unemployed, she expected him to find work after the marriage. Donald agreed the marriage should end but opposed annulment as the proper vehicle; the trial court ruled for Brenda and annulled the marriage, and Donald appealed.
IssueFree
Whether a marriage is voidable if the consent of either party was obtained by fraud that goes to the very essence of the marital relationship.