Friday, February 08, 2013

California Appeals Court Refuses To Enforce $18 M Oral Pledge To Chabad

In Chabad of California, Inc. v. Arnall, (CA App., Jan. 25, 2013), a California state appellate court, affirming a trial court decision, refused to enforce a purported oral pledge of $18 million to Chabad of California by a now-deceased donor. The court said in part:
After finding that nearly every witness in this case was lacking in credibility to one degree or another, the trial court found that Chabad had failed to prove an essential element of its case, namely, the existence of a promise to donate $18 million for the new facility.  In making this finding, the trial court necessarily found that Rabbi Cunin's testimony was not credible on the fundamental question regarding the existence of an oral pledge.  Because the adverse credibility determination was based on substantial evidence that Chabad does not dispute on appeal, there are no valid grounds to overturn the trial court‟s findings.
Los Angeles Jewish Journal reports on the decision. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

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