Free Character Witness by Rebecca Forster Page B

gray, his shirt white, his tie striped in shades of blue. He seemed rather handsome until you looked closely. His carefully coifed hair was receding, his chin multiplying, his eyes creased from long hours spent over paperwork and short intense hours in the sun pretending he was relaxed. She bet he didn't look so great naked. Kathleen held onto that thought and opened her briefcase, wincing as the latches opened with a resounding snap.
    '' Your Honor,'' Morton began apologetically. ''I hesitate to even take the court's time by pointing out the obvious. In the last month since we were served with papers regarding this matter, we have done nothing. We have not offered to settle, nor have we spent our time preparing for a court battle. Quite simply, there can be no battle when there is no basis for confrontation. Ms. Booker will not be paid benefits to which she is not entitled.''
    He cleared his throat as a matter of course and continued.
    '' There has been no discovery, no witness's to depose. Why? Because the facts are not contested. I cite section 4801 subdivision B of the Civil Code for the proposition that support obligations terminate with the death of the obliger spouse. I would also like to point out that our policy stands in its own defense. It is a basic policy that in no way veers from industry standards in language or intent. Regulations, rules and policies are clear for all to see and understand. This, in our estimation, is a frivolous law suit brought by Ms. Cotter on Ms. Booker's behalf and we would request a Summary Judgment in this matter and a dismissal of this suit against All Life.'' It was a poignant moment. He looked Kathleen's way as if she was the one who hadn't read the fine print before signing on the dotted line. ''If there are any questions regarding the language of the policy, I would be happy to go into it chapter and verse. I would even be happy to draw a diagram should Ms. Cotter be inclined to spend her time trying to figure it out visually.''
    '' I doubt that will be necessary,'' Kelley commented cheerfully, oblivious to the insult. He'd heard them all and this was rather mild as affronts went. Kathleen, on the other hand, shot Bob Morton a look. It wasn't as good as the one her mother used to put her in her place, though, and Morton remained cocky and confident.
    '' Ms. Cotter?'' Kelley turned his judicial klieg light on her.
    '' Your Honor.''
    She stood up slowly, her knees weak now that the moment had come for her to speak. She was in Los Angeles, not Riverside. She was far from home and alone, tackling this appearance under emotional duress.
    '' Your Honor,'' she cleared her throat, too, but it didn't seem to have the same calming affect on her as it did on Bob Morton. ''It's not fair.''
    Kathleen had Judge Kelley's attention. In fact, she had everyone's attention, including the pod of school children in for an afternoon outing. This was an argument they could understand. They were disappointed when there wasn't more.
    '' Excuse me, Your Honor.'' Kathleen swallowed. Her mouth was dry. ''I meant it isn't fair, in this instance, to decide upon settlement based strictly upon the letter of the agreement between Lionel Booker and All Life Insurance. As in many instances with this great law of ours, there is often the spirit to consider. And, if ever there was a case where spirit counted, it's this one. In the case of Mr. Booker, the spirit was definitely willing but the flesh was weak. Please note the decision for the plaintiff in Tintocalis v. Tintocalis where the defendant had neglected to pay the premiums in a similar situation. The court ruled that the death benefit was to be paid because no one should suffer by the act of another.''
    '' And we agree, Your Honor,'' Bob Morton crowed. ''All Life should not suffer because of Mr. Booker's intentional demise. I point to Tintocalis also, and say that the obligation to sustain support falls directly on the estate. And, I can cite Lucas v.