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CASTLEGAR NEWS, October 17, 1979 A :
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CASTLEGAR NEWS, October 17, 1979

A delight to ‘ a fe :

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CASTLEGAR NEWS

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Marvin vs. Marvin: a clap of judicial thunder

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By MARVIN MITCHELSON
Copyright © 1979 by Marvin Mitchelson

Earthquakes are not unusual
in California, but this one was
being blamed upon me per-

sonally,

When the California Supreme
Court handed down its decision
on Dec. 27, 1976, granting my
client Michelle Triola Marvin the
tight to trial against actor Lee
Marvin, one might have thought
the court —.like Chicken Little —
had declared that the sky had

fallen.

Maybe parts of it had
fallen — those patches hover-
ing over the heads of the
several million couples who
today live together without
marriage. For many of those
millions — as for Michelle, for
Lee Marvin, and for me —
things would never be quite
the same again.

‘thunder from San Francisco,

where the State Supreme
Court has its headquarters,
declared to everyone that I
“had won the Marvin case.”
Those skittish males who
were keeping girls concluded
that it was all over, the

- Michelle had won her million

~ Record

=a

Tracks

“, by George Gammon

JIMMY BUFFETT: Volcano
America’s sailing folkie,
Jimmy Buffett, has ‘just re-
leased his new album Vol-
cano,. and although pre-re-
lease speculation was that
the album was going to be a
departure from Buffetts us-
ual style, there is nothing
that would indicate that.
~~~ Buffett, noted for his
irreverent ‘whimsical lyrics,
has developed a more serious
side, but not enough to

warrant any concern from
fans who rejoiced in his’
laissez-faire attitude.

The Caribbean Cowboy
decided to go with authentic
atmosphere on this album,
which was recorded in Mont-
serrat in the British West
Indies. Volcano is heavily
calypso-influenced, and as
with all of Buffetts albums,
one gets the feeling that he
had a good time recording it,

Buffett has assembled
the Calypso Reefers — his
backing band — as well as a
number of friends including
James, Alex, and Hugh Tay-
lor who are referred to as
The Embarrassing Stains, to

Humming a tune that soon
covered the land.
Buffett always manages
to make an album a fun
event, and each seems like a
vacation. Many of us‘can't go
along, but he manages to
make us feel as if we're there.
ALAN PARSONS
PROJECT: Eve
;-. Alani, Parsons reached a
prominence as a producer
i i and

First of a special two-part feature

dollars and that “living in
sin" now meant you had to
pay. Of course, it was not all
over — it was just beginning.
Thad won the right to trial —
nothing more. ‘

But, while the trial of
Marvin ys: Marvin was still
ahead of us, The Marvin
Decision itself broke across
the land like a tidal wave.

Td won the right for
unmarried people to come in
through'the front door of the
courthouse, but the court had
given: Michelle and me a
great deal more than we had
asked for. The decision was a
major breakthrough in the
law. It allowed unmarried
people to pursue all the
remedies open to everyone
else — breaches of contract,
the right to enforce oral or
written or implied contracts
and even telling the trial
court to seek new and
equitable remedies if none
currently existed,

“The impact of the rulfag”

was not lost upon the legal

and iz

his latest album Eve is evi-
dence of his excellence in
both those areas.

The Alan Parsons Proj-
ect first came on the scene
with I Robot, an extension of
space rock which had origin-
ated with bands like King
Crimson and Emerson, Lake
and Palmer.

On the initial - run
through of Eve, it is hard to
ignore the crystal-clear re-
production and the heavy
orchestration that dominates

rs g
the album. There is a distinct
moodiness which could cause,
asense of restlessness if your
frame of mind is.not right,

The opening song Luci-
fer, in particular can be

create an album that is in-
ing, yet obvi sim-

ilar to its predecessors.
Buffett's music is always
light and lively, but despite a
versatile backup band, he

with its rep
backing rhythm which is
reminiscent of the machines
used by .so many low-grade
bar bands lacking musical

Pp or upon society at
large. Lawyers, women, civil
rights groups and. perfect
strangers descended upon
me en masse. While I had not
been unknown before the
Marvin decision, I woke up
famous after it.

Courtship
and breakup

I first met Michelle in
1955 when I was in law
school, and she was living in
an apartment building in
West Hollywood managed by
my mother Sonia. She was a
talented young singer and
actress, In 1962, I handled
Michelle's divorce from actor
Skip Ward. Then towards the
end of 1969, she came to me
again to ask that her name be
legally changed to Michelle
Triola Marvin. -

She had met Lee Marvin.
in October of 1964 when she
was an extra dancer in the

film, “Siuip of Fools,” and Lee
was one of the stars, They
had been together ever since;
Michelle told me she wanted
her name changed to avoid
embarrassment while travel-
ing with Lee. Getting her

name changed to Mrs. Mar- .

vin, however, did not solve

-her problems, as it turned

out.

In May of 1970, Michelle
and Lee broke up. He agreed
to pay her $1,050 a month
(888 after taxes) for five

‘years, if she were "a good

little girl” and caused him no
trouble.

The payments were
made to Michelle'until Octo-
ber of 1971, when Lee
stopped them. Michelle came
to see me again in November
and asked for help in getting

meretricious relationships, In ;

some states, illegal cohabi-
tation was considered a fel-
ony. A woman engaged in a
meretricious relationship had
no legal rights, in effect.
However, the California
Family Law Act, which had
gone into effect on Jan. 1,
1970, had removed fault from
divorces. It no longer matter-
ed who was to blame when
the marriage went on the
rocks, the couple's commun-

ity property still must be .

divided equally. It seemed to
me that a woman living with
aman should have the same
right. :

I felt it was unconsti-
tutional — a denial of equal
protection of the law — not to
allow unmarried people who
had the same lifestyle as

ieds, to share in the

the p
letter to Marvin brought no
results.

Michelle, who had long
since given up her. dancing
and singing career to live
with Marvin, was reduced to
living off such jobs as part-

- time legal ‘secretary and

“watering plants,” as she ex-
i

~_. In February, 1972, I filed
suit in Los Angeles Superior
Court. I thought then, as I do
now, that there was a gap‘in
the law that allowed women
to be treated unfairly. Men

66

community property in some
fair way.

Texpected the case to be
immediately thrown out, and
that I. would have to go
through the appeals process.
But a funny thing happened
on the way to the Supreme
Court forum. The lower court
did not throw the case out.
We had to prepare for trial —
which took a year and a half.
Finally, in November of 1973
we went to trial.

‘Regained

. ee ,

my dignity

. When the trial commenc-
ed before Superior Court
Justice William Munnell, the
attack that I had expected in
the very beginning was laun-
ched against us,

Lee Marvin's : lawyer,
David Kagon, argued for a
judgement on the pleadings,
declaring that the case con-

cerned a “meretricious” re-
lationship — which was illicit

Michelle, who had long since

given up her dancing and singing
career to live with Marvin, was
reduced to living off such jobs as
part-time legal secretary and

watering plants.

could walk away from women
they had lived with and
ignore -their problems, and
ignore the promises they had
made as well. :
I felt I was launching a
test case, and I believed the
time was ripe. Thousands. of
people were living together
in every state, and because of
the gap in the law they were,
in effect, beyond the pale of
justice. The law held at that
time that a couple living
together were “living in sin”
— illicitly and illegally — in

99

and illegal. Whether there
had been an agreement be-
tween Michelle and-Lee was
irrelevant, and we should not
be allowed to prove a case
because of it. There was no
recognition in the law of our
situation,

‘I tried to argue my
point, but Judge Munnell
walked off the bench even ax’

The ruling was promptly
appealed and a new trial
sought in a plea to the three-
judge Third District Court of
Appeals in Los Angeles. On
July 23, 1975, they agreed
with Justice Munnell, The
door again was closed on me,

In late 1975, I appealed
once more, this time to Cal-
ifornia'’s highest tribunal —
the California Supreme Court
in San Francisco. I argued
the case in January of 1976,
ard then waited,

A funny thing happened
after the Supreme Court got
the case.

Nothing.

The High Court kept the
case for a year. That alone
was very unusual, Civil
rights groups, women’s
groups, lawyers, writers, all

began watching and waiting.
Amicus curiae briefs were
filed. I knew something was
happening by the very delay.

inally came Dec. 27,

Court Justice Arthur Mar-
8

On Michelle’s behalf, I
entered the new trial seeking
half of Marvin's property for
the time in which she had
lived with him, the period
from October, 1964, through
May of 1970 and beyond —
for increase of value of those
assets, Marvin had accumu-
lated about $3.6 million in
assets during this period by
our calculations,

While preparing for and
awaiting the start of the new
trial, I found myself in

Mon.-Wed.-Fridaye __

AA meets at 8 p.m. in
the ‘Cellar’ at 719 Vernon St.
in Nelson, Open meeting first
Wednesday of each month,
Phone 952-2393.

Tuesdays _

The Nelson Singles and
Single Parents Club meets
every second Tuesday at 7:30
p.m. in the Selkirk Health
Unit on Front Street. The
purpose of the club is friend-
ship and group support for
di d and d ad-

suddenly overwhelming de-
mand as a speaker. The topic
was always the Marvin deci-
sion. I lectured all over the
nation, even as new states
saw Marvin situations devel-
oping. I think Marvin's side
was shocked — stunned — to
find that Marvin was now
being written about more as
Michelle's live-in lover than
an Academy Award-winning
actor.

The California Supreme
Court ruling granting Mich-
elle Triola Marvin her day in

More on Page C5

table, craft table, door prize
and refreshments. Proceeds
go to the Nelson District
Hospital to buy needed
equipment. Fashions are
from Dee's Ladies’ Apparel
in Nelson.

; Oct. 30

“How Now,” a new ex-
hibition from the Vancouver
Art Gallery Extension Dept.,
will be on display at: the
Laura Morrish School gym
tonight from 7 - 9:30 p.m. and

1976, and the
: But, as has been pointed
out, the Supreme Court deci-
sion — while it made new law
with widespread implications
= was only the beginning of
Marvin vs. Marvin. Across
the nation, other Marvin de-
cisions came down, based on
-our case, in state after state.
After the Marvin deci-
sion, but before the new trial
began in January of 1979,
new law developed in 18
states, and later the number
grew to more than 20. I
believe that, within five
years, every state will have
developed case law or have
passed legislation relating to

a Marvin decision.
. As for Michelle, who had

held firmly to belief in justice -

during’ the long wait, she
reacted to the decision by
saying, with tears in her
eyes, “I wish my-father were
still alive to see how I've
regained my dignity.”
Marvin's lawyers launch-
ed a blizzard of motions to
get the case dismissed, citing
the same grounds that had
succeeded earlier, but they
wer all rejected by Superior

I spoke. He said, “counsel, I-

have already ruled.”

The courthouse © door
slammed shut with a re-
sounding bang. fe

to sound
like a folk singer and his
guitar. Fins, the lead song on
side one, is an excellent
metaphor, relating the sharp-
eyed. girl watchers to. per-
sistent sharks. :
In an attempt to capture

calypso, Buffett has enlisted
the-help of a local ber band —
The Woop Wap Band — on
the title cut, creating a mood
that is, more than authentic,
If that isn’t enough, Buffett
manages to create a folk song
for children, Chanson Pour
Les Petits Enfants

And racoons brought fruit

and the mice
- they brought cheese
Beautiful birds floated by
on the breeze
From out in the oceans the

The nuniber
then begins to sound like
something from a British spy
film until its sudden finale.

The group is an excellent
example of a studio band,
with Parsons recruiting a
number of vocalists who take
turns at lead at various
points along the way.. The
numbers, written by Eric

Woolfson and Parsors seem -

to be ideal for adapting to au
animated film, ulthough not
necessarily intended as a
story line. There seems to be
an overall moral ‘of sorts,
something like Harry Nilsson
achieved with the animated
movie The Pon..

The album «- definitely
interesting, and uf the first
listen doesn’t convirce you,

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Phone’ 352-6042 or 352-9846
evenings.

Oct. 15

Trail Art Club will pre-
sent an exhibition of Fibre
Art by Gladys Miles in the
CU Gallery, mezzanine floor
of: the Kootenay’ Savings
Credit Union in Tfail begin-
ning today to Nov. 5. The
gallery is open during credit
union hours — 10 a.m. to 5
p.m. weekdays and until 6
p.m. Fridays.

Phyllis Margolin’s Nov-
ember show at the National
Exhibition Centre has been
postponed until October,
1980,

Oct. 26

Memorial Society | of
B.C., West Kootenay Branch,
is having its annual meeting
at 7:30 p.m. in the Eagles
Hall, 1505 Bay Ave., Trail.
Memberships available at the
door, ‘

Oct. 29
South Slocan .Hospital
‘Auxiliary is having a fashion
show at 7:30 p.m. ‘in the
WKP&L Hall in South Slo-
can. There will also be a bake

ble for school classes
the following day. This ex-
hibition of paintings, water-
colors, prints and engravings
illustrates how domestic an-
imals have been depicted by
artists in the past three
centuries.

Nov.1

Trail Art’ Club’s~ Falt~

Exhibition will be held Nov.
1, 2 and 3 at the Tadanac
Hall, 400 Kootenay Ave.,
Trail. Open 2 - § p.m. and 7 -
10 p.m. each day.

Nov.3

Red Mtn, Racers will be
holding their third annual Ski
Fashion Show, auction and
dance tonight at 8 p.m. in the
Rossland Secondary School
auditorium. Tickets are $5
each and are available from
all racers, participating ski
shops in Rossland and Trail
and from Castlegar Drug and
Carl's Drugs in Castlegar.

e * s.

You are invited to list
your events and activities in
Community Datebook. Send
us a note — typewritten or
printed — to: Datebook, Box
3007, Castlegar, B.C. VIN
3H4.

be Hog House.

Left to right:

Splatback Armchair
China Cabinet Top
Buffet Base

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Trestle Dining Room Table $722

Plant Stand

Console
Mirror

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Splatback Dining Room Chair $158
$365

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