Enenstein Defeats Substantial Premarital Agreement and Obtains $12,000 in Sanctions

Darren Enenstein of Enenstein and Ribakoff represented Defendant, the Personal Representative of Decedent. Plaintiff and Decedent entered into a premarital agreement allowing for $10,000 per month and to pay for Plaintiff’s “living expenses” pursuant to an “Irrevocable Grant” and the Premarital Agreement. They married on April 7, 2008, and the Decedent passed on September 23, 2010.

Plaintiff also claimed that Defendant deprived Plaintiff of his purported 90 day rights under the Premarital Agreement to live at the residence shared with Decedent during the marriage. Defendant however had settled an eviction case earlier brought by same counsel for Defendant resulting in Plaintiff quitting the premises.

Plaintiff further demanded that his “philanthropic, non-profit entity to benefit the disadvantaged poor” contemplated by the Premarital Agreement receive additional funding.

Defendant filed a demurrer and the demurrer was sustained without leave to amend.

Outstanding discovery during the pendency of the demurrer resulted, from a motion to compel, in a sanctions award of $12,000 against Plaintiff.