Michelle Triola
Encyclopedia
Michelle Triola was an American
actress who was mainly notable for unsuccessfully suing Lee Marvin
in 1977, having cohabited with him from 1965-1970. The trial, which brought about the concept of palimony
, was widely covered in the media at the time. During this time, she was Michelle Triola Marvin, having legally changed her name to add Marvin's surname to her own. She was represented by attorney Marvin Mitchelson
.
Although she and Marvin never married, Triola sought financial compensation similar to that available to spouses under California's alimony
and community property
laws. The result was the landmark case, Marvin v Marvin, 18 Cal. 3d 660
(1976).http://online.ceb.com/calcases/C3/18C3d660.htm The Supreme Court of California
held that Triola could proceed with her suit, as it did state a cause of action and the trial court erred in granting judgment to Marvin on the pleadings.
The case went to trial. On April 18, 1979, Judge Arthur K. Marshall ordered Marvin to pay $
104,000 to Triola for "rehabilitation purposes", but denied her community property claim for one-half of the $3.6 million which Marvin had earned during their six years of cohabitation
. Both sides claimed victory, but in August 1981, the California Court of Appeal
ruled that Triola could not show any contract between herself and Marvin to justify any payment to her. As a result, Triola received no money from Marvin.
. She was a lounge singer and dancer. She danced in the original 1958 Broadway
production of Flower Drum Song
, directed by Gene Kelly
. Her film acting career consisted of minor roles, including a stand-in
in Marvin's 1965 film Ship of Fools
and a guest role on the Dick Van Dyke
television series
Diagnosis: Murder
.
, California
. She never had children, having had two abortion
s and one miscarriage
. She lived with actor Dick Van Dyke
from 1976 until her death.
. The cancer caused her death on October 30, 2009 at the Malibu, California, home she shared with Van Dyke. She was 76 years old. She is survived by a sister, Diane Triola Johnson.
People of the United States
The people of the United States, also known as simply Americans or American people, are the inhabitants or citizens of the United States. The United States is a multi-ethnic nation, home to people of different ethnic and national backgrounds...
actress who was mainly notable for unsuccessfully suing Lee Marvin
Lee Marvin
Lee Marvin was an American film actor. Known for his gravelly voice, white hair and 6' 2" stature, Marvin at first did supporting roles, mostly villains, soldiers and other hardboiled characters, but after winning an Academy Award for Best Actor for his dual roles in Cat Ballou , he landed more...
in 1977, having cohabited with him from 1965-1970. The trial, which brought about the concept of palimony
Palimony
Palimony is a popular term used to describe the division of financial assets and real property on the termination of a personal live-in relationship wherein the parties are not legally married. The term is a portmanteau of the words pal and alimony...
, was widely covered in the media at the time. During this time, she was Michelle Triola Marvin, having legally changed her name to add Marvin's surname to her own. She was represented by attorney Marvin Mitchelson
Marvin Mitchelson
Marvin M. Mitchelson was an American celebrity lawyer who pioneered the concept of palimony, calling it "marriage with no rings attached."-Biography:...
.
Although she and Marvin never married, Triola sought financial compensation similar to that available to spouses under California's alimony
Alimony
Alimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
and community property
Community property
Community property is a marital property regime that originated in civil law jurisdictions and is now also found in some common law jurisdictions...
laws. The result was the landmark case, Marvin v Marvin, 18 Cal. 3d 660
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1976).http://online.ceb.com/calcases/C3/18C3d660.htm The Supreme Court of California
Supreme Court of California
The Supreme Court of California is the highest state court in California. It is headquartered in San Francisco and regularly holds sessions in Los Angeles and Sacramento. Its decisions are binding on all other California state courts.-Composition:...
held that Triola could proceed with her suit, as it did state a cause of action and the trial court erred in granting judgment to Marvin on the pleadings.
The case went to trial. On April 18, 1979, Judge Arthur K. Marshall ordered Marvin to pay $
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
104,000 to Triola for "rehabilitation purposes", but denied her community property claim for one-half of the $3.6 million which Marvin had earned during their six years of cohabitation
Cohabitation
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship. The term is most frequently applied to couples who are not married...
. Both sides claimed victory, but in August 1981, the California Court of Appeal
California Court of Appeal
The California Courts of Appeal are the state intermediate appellate courts in the U.S. state of California. The state is geographically divided into six appellate districts...
ruled that Triola could not show any contract between herself and Marvin to justify any payment to her. As a result, Triola received no money from Marvin.
Career
Triola majored in theater arts at UCLAUniversity of California, Los Angeles
The University of California, Los Angeles is a public research university located in the Westwood neighborhood of Los Angeles, California, USA. It was founded in 1919 as the "Southern Branch" of the University of California and is the second oldest of the ten campuses...
. She was a lounge singer and dancer. She danced in the original 1958 Broadway
Broadway theatre
Broadway theatre, commonly called simply Broadway, refers to theatrical performances presented in one of the 40 professional theatres with 500 or more seats located in the Theatre District centered along Broadway, and in Lincoln Center, in Manhattan in New York City...
production of Flower Drum Song
Flower Drum Song
Flower Drum Song was the eighth stage musical by the team of Richard Rodgers and Oscar Hammerstein II. It was based on the 1957 novel, The Flower Drum Song, by Chinese-American author C. Y. Lee. The piece opened in 1958 on Broadway and was afterwards presented in the West End and on tour...
, directed by Gene Kelly
Gene Kelly
Eugene Curran "Gene" Kelly was an American dancer, actor, singer, film director and producer, and choreographer...
. Her film acting career consisted of minor roles, including a stand-in
Stand-in
A stand-in for film and television is a person who substitutes for the actor before filming, for technical purposes such as lighting.Stand-ins are helpful in the initial processes of production. Lighting setup can be a slow and tedious process; during this time the actor will often be somewhere else...
in Marvin's 1965 film Ship of Fools
Ship of Fools (film)
Ship of Fools is a 1965 film drama which tells the overlapping stories of several passengers aboard an ocean liner bound to Germany from Mexico in 1933...
and a guest role on the Dick Van Dyke
Dick Van Dyke
Richard Wayne "Dick" Van Dyke is an American actor, comedian, writer, and producer with a career spanning six decades. He is the older brother of Jerry Van Dyke, and father of Barry Van Dyke...
television series
Television program
A television program , also called television show, is a segment of content which is intended to be broadcast on television. It may be a one-time production or part of a periodically recurring series...
Diagnosis: Murder
Diagnosis: Murder
Diagnosis: Murder is a mystery/medical/crime drama television series starring Dick Van Dyke as Dr. Mark Sloan, a medical doctor who solves crimes with the help of his son, a homicide detective played by his real-life son Barry Van Dyke. The series began as a spin-off of Jake and the Fatman...
.
Personal life
Triola was born in Los AngelesLos Ángeles
Los Ángeles is the capital of the province of Biobío, in the commune of the same name, in Region VIII , in the center-south of Chile. It is located between the Laja and Biobío rivers. The population is 123,445 inhabitants...
, California
California
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
. She never had children, having had two abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
s and one miscarriage
Miscarriage
Miscarriage or spontaneous abortion is the spontaneous end of a pregnancy at a stage where the embryo or fetus is incapable of surviving independently, generally defined in humans at prior to 20 weeks of gestation...
. She lived with actor Dick Van Dyke
Dick Van Dyke
Richard Wayne "Dick" Van Dyke is an American actor, comedian, writer, and producer with a career spanning six decades. He is the older brother of Jerry Van Dyke, and father of Barry Van Dyke...
from 1976 until her death.
Death
In April 2008 she underwent surgery for lung cancerLung cancer
Lung cancer is a disease characterized by uncontrolled cell growth in tissues of the lung. If left untreated, this growth can spread beyond the lung in a process called metastasis into nearby tissue and, eventually, into other parts of the body. Most cancers that start in lung, known as primary...
. The cancer caused her death on October 30, 2009 at the Malibu, California, home she shared with Van Dyke. She was 76 years old. She is survived by a sister, Diane Triola Johnson.