District Court, N.D. California July 30, 2004, C03-3848 BZ (Kenney v. United States)

ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT IN PART

ZIMMERMAN, United States Magistrate Judge.

Before me are cross-motions for summary judgment based on stipulated facts.

1

In 1978, plaintiff and his then-wife, Donna, purchased property located at 5239 Colonial Park Court, Fremont, CA (the “Property”) as joint tenants.