Preview
1 Stephen L. Raucher, Esq. [State Bar #162795]
Maria Hutt, Esq. [State Bar #353435]
2 REUBEN RAUCHER & BLUM
12400 Wilshire Boulevard, Suite 800
3
Los Angeles, California 90025
4 Telephone: (310) 777-1990
Facsimile: (310) 777-1989
5
Attorneys for Plaintiffs
6 Marcelo Cantu and Mauricio Cantu
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF LOS ANGELES
10
11 MARCELO CANTU, an Individual; and Case No.: ___________________________
MAURICIO CANTU, an Individual,
12
VERIFIED COMPLAINT FOR:
Plaintiffs,
13
vs. 1. Fraudulent Transfer Pursuant to
14 California Civil Code § 3439, et seq., to
ABYLAY ZHAKASHOV, an Individual; xxx Vacate and Set Aside Voidable
15 xxxxx xxxxx LLC, a California limited Transactions
liability company; xxxxxxxxxxxxxx, as 2. Common Law Fraudulent Transfer
16 Trustee of the xxx xxxxx xxxxx LLC 3. Conspiracy
“Irrevocable xxxxx” dated January 10, 2019; 4. Action to Cancel Instrument
17 KERRY WELSH and HELEN WELSH, as 5. Quiet Title
Trustees of The Stedgh xxxxx Dated January 18, 6. Alter Ego Liability
18 2022; LISE WELSH, as Trustee of The Lise
Welsh Revocable xxxxx; TJM REAL ESTATE
19 INVESTMENTS INC., a California
corporation; and DOES 1-40, inclusive; All
20 Persons Unknown Claiming Any Legal or
Equitable Right, Title, Estate, Lien, or Interest
21 in the Properties Described in the Complaint
Adverse to Plaintiffs’ Title, or Any Cloud on
22 Plaintiffs’ Title Thereto,
23 Defendants.
24
25
26
27
28
COMPLAINT
1 Plaintiffs Marcelo Cantu and Mauricio Cantu (“Plaintiffs”) hereby complain and allege as
2 follows:
3 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION
4 The Parties
5 1. Plaintiff Marcelo Cantu is an individual residing in Los Angeles County, in the
6 State of California.
7 2. Plaintiff Mauricio Cantu is an individual residing in Los Angeles County, in the
8 State of California.
9 3. Plaintiffs are informed and believe and thereon allege that Defendant ABYLAY
10 ZHAKASHOV (“Judgment Debtor”) is an individual residing and doing business in Los Angeles
11 County, in the State of California. Judgment Debtor at the time of the commencement of this
12 action was indebted to Plaintiffs as the judgment debtor under the terms of a civil money
13 judgment issued by the Los Angeles County Superior Court more particularly described below.
14 4. Plaintiffs are informed and believe and thereon allege that Defendant xxxxx
15 xxxxxxxx, as Trustee of the xxx xxxxx xxxxx LLC “Irrevocable xxxxx” dated January 10,
16 2019 (“the xxxxx”), is the owner of real property (condominium) located at 7632 Topanga
17 Canyon Boulevard, Unit 122, Canoga Park, CA 91304-5539.
18 5. Plaintiffs are informed and believe and thereon allege that Defendant xxx
19 xxxxx xxxxx LLC (“the LLC”) is a limited liability company organized and existing under
20 the laws of the State of California, with its principal place of business located in Los Angeles
21 County, State of California.
22 6. Plaintiffs are informed and believe and thereon allege that Defendant TJM REAL
23 ESTATE INVESTMENTS INC. is a California corporation doing business in the State of
24 California, and possessing a security interest in real property (condominium) located at 7632
25 Topanga Canyon Boulevard, Unit 122, Canoga Park, CA 91304-5539.
26 7. Plaintiffs are informed and believe and thereon allege that Defendants KERRY
27 WELSH and HELEN WELSH, as Trustees of The Stedgh xxxxx Dated January 18, 2022 and
28 LISE WELSH, Trustee of The Lise Welsh Revocable xxxxx are individuals doing business in the
2
COMPLAINT
1 State of California and possessing a security interest in real property (condominium) located at
2 7632 Topanga Canyon Boulevard, Unit 122, Canoga Park, CA 91304-5539.
3 8. The defendants herein named as “All Persons Unknown Claiming Any Legal or
4 Equitable Right, Title, Estate, Lien, or Interest in the Properties Described in the Complaint
5 Adverse to Plaintiffs’ Title, or Any Cloud on Plaintiffs’ Title Thereto” (“Unknown Defendants”)
6 are unknown to Plaintiffs. Plaintiffs are informed and believe, and based on such information
7 and belief allege, that these Unknown Defendants, and each of them, claim some right, title,
8 estate, lien, or interest in the real property that is the subject of this action adverse to Plaintiffs’
9 title, and that their claims, and each of them, constitute a cloud on Plaintiffs’ title to the property.
10 Doe Defendants
11 9. Plaintiffs are unaware of the true names and capacities of the defendants sued
12 herein as Does 1 through 40, inclusive. Plaintiffs therefore sue these defendants by such
13 fictitious names and capacities in place of their true names. Plaintiffs will amend this Complaint
14 to allege these defendants’ true names and capacities when ascertained.
15 10. Plaintiffs are informed and believe and thereon allege that Judgment Debtor,
16 acting in concert with the xxxxx, the LLC, and/or Does 1-20, inclusive, and each of them
17 (collectively the “Judgment Debtor Defendants”), intentionally concealed Judgment Debtor’s
18 ownership of assets and engaged in other fraudulent conduct for the specific purpose of
19 hindering, delaying, and defrauding Plaintiffs in their efforts to collect the Judgment.
20 11. At all times herein mentioned, Does 1 through 20, inclusive, and each of them,
21 were the agents, affiliates, subsidiaries, employees and/or alter-egos of the Judgment Debtor
22 Defendants, and were at all times acting within the purpose and scope of said agency and
23 employment, and each Judgment Debtor Defendant has ratified and approved the acts of its
24 agent; and/or Does 1 through 20, inclusive, have acted or failed to act in concert with the
25 Judgment Debtor Defendants as alleged herein, and are responsible in some manner for the
26 injuries and damages suffered by Plaintiffs. All references to the Judgment Debtor Defendants
27 herein shall be deemed to include Does 1 through 20, inclusive.
28 12. Plaintiffs are further informed and believe that the xxxxx, the LLC, and Does 1
3
COMPLAINT
1 through 20, inclusive and each of them, were at all relevant times mentioned herein the alter egos
2 of Judgment Debtor. The xxxxx, the LLC, and Does 1-20, inclusive, and each of them, share a
3 unity of interest in hiding Judgment Debtor’s assets from his creditors and judgment creditors,
4 including Plaintiffs. Further, the xxxxx, the LLC, and Does 1-20, inclusive, and each of them,
5 share a unity of ownership such that separate personalities no longer exist, and that it would be
6 unjust to persist in recognition of the separate personalities.
7 13. Plaintiffs are informed and believe and thereon allege that each of the Defendants,
8 whether specifically named herein or named as Does 1-20, approved, ratified, and/or acquiesced
9 in the acts and omissions of each of the other defendants.
10 14. Plaintiffs are informed and believe and thereon allege that each of the Judgment
11 Debtor Defendants herein, whether named as Does 1-20 or otherwise, acted in concert,
12 agreement and conspiracy with, and aided and abetted, each of their co-defendants in this action
13 for the common purpose of engaging in unlawful scheme to defraud the creditors of Judgment
14 Debtor, including Plaintiffs.
15 15. At all times herein mentioned, Does 21 through 30, inclusive, and each of them,
16 were the agents, affiliates, subsidiaries, employees and/or alter-egos of TJM Real Estate
17 Investments, Inc. (the “TJM Defendants”), and were at all times acting within the purpose and
18 scope of said agency and employment, and each of the TJM Defendants has ratified and
19 approved the acts of its agent; and/or Does 21 through 30, inclusive, have acted or failed to act in
20 concert with the TJM Defendants as alleged herein, and are responsible in some manner for the
21 injuries and damages suffered by Plaintiffs. All references to the TJM Defendants herein shall
22 be deemed to include Does 21 through 30, inclusive.
23 16. Plaintiffs are further informed and believe that Does 21 through 30, inclusive and
24 each of them, were at all relevant times mentioned herein the alter egos of TJM Real Estate
25 Investments, Inc. The TJM Defendants and Does 21-30, inclusive, and each of them, share a
26 unity of interest. Further, the TJM Defendants and Does 21-30, inclusive, and each of them,
27 share a unity of ownership such that separate personalities no longer exist, and that it would be
28 unjust to persist in recognition of the separate personalities.
4
COMPLAINT
1 17. Plaintiffs are informed and believe and thereon allege that each of the Defendants,
2 whether specifically named herein or named as Does 21-30, approved, ratified, and/or
3 acquiesced in the acts and omissions of each of the other TJM Defendants.
4 18. Plaintiffs are informed and believe and thereon allege that each of the TJM
5 Defendants herein, whether named as Does 21-30 or otherwise, acted in concert, agreement and
6 conspiracy with, and aided and abetted, each of their co-defendants in this action for a common
7 purpose.
8 19. At all times herein mentioned, Does 31 through 40, inclusive, and each of them,
9 were the agents, affiliates, subsidiaries, employees and/or alter-egos of Kerry Welsh and Helen
10 Welsh, Trustees of The Stedgh xxxxx Dated January 18, 2022, and Lise Welsh, Trustee of the
11 Lise Welsh Revocable xxxxx (the “Welsh Defendants”), and were at all times acting within the
12 purpose and scope of said agency and employment, and each of the Welsh Defendants has
13 ratified and approved the acts of its agent; and/or Does 31 through 40, inclusive, have acted or
14 failed to act in concert with the Welsh Defendants as alleged herein, and are responsible in some
15 manner for the injuries and damages suffered by Plaintiffs. All references to the Welsh
16 Defendants herein shall be deemed to include Does 31 through 40, inclusive.
17 20. Plaintiffs are further informed and believe that Does 31 through 40, inclusive and
18 each of them, were at all relevant times mentioned herein the alter egos of the Welsh Defendants.
19 The Welsh Defendants and Does 31-40, inclusive, and each of them, share a unity of interest.
20 Further, the Welsh Defendants and Does 31-40, inclusive, and each of them, share a unity of
21 ownership such that separate personalities no longer exist, and that it would be unjust to persist
22 in recognition of the separate personalities.
23 21. Plaintiffs are informed and believe and thereon allege that each of the Defendants,
24 whether specifically named herein or named as Does 31-40, approved, ratified, and/or
25 acquiesced in the acts and omissions of each of the other Welsh Defendants.
26 22. Plaintiffs are informed and believe and thereon allege that each of the Welsh
27 Defendants herein, whether named as Does 31-40 or otherwise, acted in concert, agreement and
28 conspiracy with, and aided and abetted, each of their co-defendants in this action for a common
5
COMPLAINT
1 purpose.
2 Venue
3 23. Venue is appropriate in the Los Angeles County Superior Court pursuant to Code
4 of Civil Procedure § 395 because the Plaintiffs’ claim herein for an interest in real property is
5 pursuant to a judgment entered in Los Angeles County and relating to a property located in Los
6 Angeles County.
7 The Prior Litigation
8 24. On or about September 28, 2020, Michelle McGhan caused to be filed a lawsuit in
9 Los Angeles Superior Court, Case Number 20STCV37201 (“McGhan lawsuit”). Broken Cage,
10 LLC, Judgment Debtor, Ava Ismaiylova, Marcelo Cantu, and Mauricio Cantu were named as
11 Defendants to this lawsuit.
12 25. On or about March 26, 2021, Marcelo Cantu, and Mauricio Cantu (“Plaintiffs”)
13 caused to be filed a Cross-Complaint against Broken Cage, LLC, Judgment Debtor, and Ava
14 Ismaiylova (“Cross-Defendants”) in the same action.
15 26. Plaintiffs filed a Request for Entry of Default against the Cross-Defendants,
16 which was entered on August 16, 2021.
17 27. On or about August 31, 2022, judgment was entered in favor of Plaintiffs against
18 the Cross-Defendants, jointly and severally, for $90,914.01, consisting of $69,372.57 in
19 damages, $3,147.93 in costs, and $18,393.51 in attorney’s fees. A true and correct copy of the
20 Default Judgment, dated August 31, 2022, is attached hereto as Exhibit A (the “Judgment”).
21 The Topanga Canyon Boulevard Property
22 28. On or about October 16, 2012, Judgment Debtor, as a “single man” acquired a
23 property, located at 7632 Topanga Canyon Boulevard, Unit 122, Canoga Park, CA 91304 (the
24 “Topanga Canyon Property”). A true and correct copy of the October 16, 2012 Grant Deed is
25 attached as Exhibit B.
26 29. Judgment Debtor purportedly executed a Grant Deed on or about January 10,
27 2019, wherein he transferred the Topanga Canyon Property from “Abylai Zhakashov ‘a single
28 man’” to xxx xxxxx xxxxx, LLC “Irrevocable xxxxx.” The Deed states that the transferor
6
COMPLAINT
1 received nothing of value in exchange therefor. A true and correct copy of the January 10, 2019
2 Grant Deed, recorded April 21, 2021, is attached as Exhibit C. On Plaintiff’s information and
3 belief, the transfer was in fact not made until shortly before April 21, 2021.
4 30. On or about September 29, 2020 – a single day after the McGhan lawsuit had
5 been initiated – Saniya Mulikova as “a married woman” and Judgment Debtor as a “married
6 man” purportedly executed an Interspousal Transfer Grant Deed, declaring the Topanga Canyon
7 Property as the sole and separate property of Judgment Debtor (the “Interspousal Transfer”). A
8 true and correct copy of the September 29, 2020 Grant Deed is attached hereto as Exhibit D.
9 31. On or about January 7, 2021, the Articles of Organization for “xxx xxxxx xxxxx
10 LLC,” a California Limited Liability Company were filed with the California Secretary of State,
11 Entity File Number 20210121011, by xxxxxxxxxxxxxx, Esq. A true and correct copy of the
12 January 7, 2021 Articles of Organization is attached as Exhibit E.
13 32. On or about the same day, January 7, 2021, the Interspousal Transfer Grant Deed
14 of September 29, 2020 was recorded with the Los Angeles County Recorder’s Office, Instrument
15 Number 20210028207. (See Exhibit D.)
16 33. On or about April 21, 2021, the alleged transfer from Judgment Debtor to the
17 xxx xxxxx xxxxx, LLC “Irrevocable xxxxx” of January 10, 2019, was recorded with the Los
18 Angeles County Recorder’s Office, Instrument Number 20210632894. (See Exhibit C.)
19 34. On or about July 22, 2021, a Deed of xxxxx, Security Agreement and Fixture
20 Filing (With Assignment of Rents and Leases) was executed, wherein xxxxxxxxxxxxxx, Trustee
21 of the xxx xxxxx xxxxx LLC “Irrevocable xxxxx” dated January 10, 2019, granted, transferred,
22 and assigned to TJM Real Estate Investment Inc., as Beneficiary, and Red Leaf Servicing, as
23 Trustee, the Topanga Canyon Property, in xxxxx, with power of sale, together with right of entry
24 and possession. The Deed of xxxxx secured indebtedness of $285,000 pursuant to a concurrently
25 executed Promissory Note. It also noted a Guaranty was signed by xxxxxxxxxxxxxx on July 22,
26 2021, “guaranteeing repayment of said Note.”
27 35. On or about July 28, 2021, TJM Real Estate Investment Inc. recorded the July 22,
28 2021 Deed of xxxxx with the Los Angeles County Recorder’s Office, Instrument Number
7
COMPLAINT
1 20211158206. A true and correct copy of the recorded Deed of xxxxx is attached hereto as
2 Exhibit F.
3 36. On or about July 28, 2021, the xxxxx caused to be recorded a Grant Deed with the
4 Los Angeles County Recorder’s Office, Instrument Number 20211158205, confirming a change
5 of name of the grantee under the April 21, 2021 Deed of xxxxx (Exhibit C). Therein, the
6 previously named “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” was corrected to “xxxxx
7 xxxxxxxx, Trustee of the xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’ dated January 10, 2019.” A
8 true and correct copy of the recorded Grant Deed is attached hereto as Exhibit G.
9 37. On or about September 15, 2022, Plaintiffs caused to be recorded an Abstract of
10 Judgment, Instrument No. 2022-0906202 of the Official Records in the County of Los Angeles,
11 to preserve their interest in the real property of Judgment Debtor. A true and correct copy of
12 Plaintiffs’ Abstract of Judgment is attached hereto as Exhibit H.
13 38. It was not until January 2024 that Plaintiffs became aware of the purported
14 transfers of April 21, 2021 and July 28, 2021 discussed herein. Plaintiffs became aware of the
15 transfers because, on November 28, 2023, Plaintiffs’ counsel of record received an inquiry from
16 Stewart Title of California, Inc., notifying Plaintiffs that “instructions had been placed with
17 [Stewart Title] to pay the full balance due [Plaintiffs] under the Judgment and/or lien filed by
18 [Plaintiffs] against Broken Cage LLC; Abylay Zhakashov, Ava Ismaiylova which was recorded
19 September 15, 2022.” A true and correct copy of this inquiry from escrow is attached hereto as
20 Exhibit I.
21 39. Plaintiffs were asked to forward their release and/or satisfaction of the lien,
22 together with instructions for payment. They did so, on November 29, 2023. However, the
23 escrow officer responded that “As of this morning, we’re not being required to payoff this
24 demand through this transaction.” A true and correct copy of this email is attached hereto as
25 Exhibit J. It was only shortly after Plaintiffs received this response that Plaintiffs located the
26 deeds attached hereto in January 2024.
27 40. Then, on or about November 29, 2023, another Deed of xxxxx and Assignment of
28 Rights was executed by xxxxxxxxxxxxxx, Trustee of the xxx xxxxx xxxxx LLC “Irrevocable
8
COMPLAINT
1 xxxxx” dated January 10, 2019. Therein, California TD Specialists as Trustee, was irrevocably
2 granted, transferred, and assigned the Topanga Canyon Property, in xxxxx, with power of sale for
3 the benefit of the Welsh Defendants, as lender/beneficiaries. The Deed of xxxxx secured
4 indebtedness of $342,000 pursuant to a concurrently executed Promissory Note.
5 41. On or about December 4, 2023, the November 29, 2023 Deed of xxxxx was
6 recorded with the Los Angeles County Recorder’s Office, Instrument Number 20230838384. A
7 true and correct copy is attached Exhibit K.
8 FIRST CAUSE OF ACTION
9 (Fraudulent Transfer Under the Uniform Voidable Transactions Act Against the Judgment
10 Debtor Defendants)
11 42. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 41 of this Complaint
12 as though set forth in full at this point.
13 43. Plaintiffs are informed and believe and thereon allege that the Judgment Debtor
14 Defendants conspired together and embarked on a scheme to attempt to put the Topanga Canyon
15 Property (and potentially other properties the identity of which is not yet known) out of the reach
16 of Judgment Debtor’s creditors, including Plaintiffs, in the event that an adverse judgment was
17 reached against Judgment Debtor in the McGhan lawsuit. Plaintiffs are informed and believe
18 and thereon allege that the Judgment Debtor Defendants orchestrated and made the transfers
19 alleged above in order to accomplish this purpose.
20 44. Plaintiffs are informed and believe and thereon allege that the transfers of the
21 Topanga Canyon Property that are the subject of this Complaint were made by the Judgment
22 Debtor Defendants with the actual intent to hinder, delay, or defraud one or more creditors of the
23 Judgment Debtor Defendants, including without limitation Plaintiffs.
24 45. Plaintiffs are informed and believe and thereon allege that both the xxxxx and the
25 LLC were not formed for a lawful purpose, did not give reasonably equivalent value for the
26 interest in the Topanga Canyon Property conveyed to them in any transfer, and that other badges
27 of fraud are present as to the transfer of the Topanga Canyon Property. Plaintiffs are informed
28 and believe and thereon allege that the xxxxx and/or the LLC took said interest with the
9
COMPLAINT
1 knowledge that said transfer was intended to hinder, delay, or defraud one or more creditors of
2 Judgment Debtor, including without limitation Plaintiffs, or otherwise did not take said interest
3 in good faith.
4 46. Plaintiffs are informed and believe and on that basis allege that Judgment Debtor,
5 the LLC, and/or the xxxxx, have jointly conspired with and aided and abetted each other in the
6 fabrication of a false, fraudulent, backdated, and non-genuine purported Grant Deed, which was
7 purportedly executed by Judgment Debtor on January 10, 2019, but which, in truth, is a
8 fabrication designed, calculated and implemented by Judgment Debtor, the xxxxx, and/or the
9 LLC, with the intention, and for the purpose of thereby hindering, delaying, and defrauding
10 Judgment Debtor’s creditors and judgment creditors, including Plaintiffs.
11 47. Plaintiffs are informed and believe and on that basis allege that Judgment Debtor,
12 the LLC, and/or the xxxxx, have jointly conspired with and aided and abetted each other in the
13 fabrication of a false, fraudulent, backdated, and non-genuine purported Grant Deed, which was
14 purportedly executed by Judgment Debtor on July 22, 2021, but which, in truth, is a fabrication
15 designed, calculated and implemented by Judgment Debtor, the xxxxx, and/or the LLC, with the
16 intention, and for the purpose of thereby hindering, delaying, and defrauding Judgment Debtor’s
17 creditors and judgment creditors, including Plaintiffs.
18 48. Based on the foregoing, the (1) January 10, 2019 Grant Deed purportedly
19 transferring the Topanga Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC
20 ‘Irrevocable xxxxx’”; and the (2) July 28, 2021 Grant Deed confirming the change in title from
21 “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” to the xxxxx, should be declared void and cancelled
22 under California Civil Code § 3439, et seq.
23 49. By virtue of Judgment Debtor’s fraudulent acts, Defendants who have received
24 assets and property from Judgment Debtor should be ordered to hold all such assets and property
25 as constructive trustees for Plaintiffs’ benefit, and to account to Plaintiffs therefor.
26 50. This Court should also order and declare that all of the assets and property of
27 Judgment Debtor which he has fraudulently sought to conceal from his creditors, including
28 Plaintiffs, should be impressed with equitable liens in favor of Plaintiffs as security for the
10
COMPLAINT
1 payment, enforcement, and recovery of the full amount of their resulting damages, to be
2 established according to proof, but not less than $90,914.01, plus post-judgment interest of at
3 least $13,475.17.
4 51. By virtue of Judgment Debtor’s fraudulent acts, Plaintiffs were required to
5 commence the instant action in order to enforce their prior judgment. Plaintiffs are therefore
6 entitled to recover their attorney’s fees incurred in this action in order to enforce their judgment,
7 pursuant to California Code of Civil Procedure section 685.040, in an amount to be established
8 according to proof at trial.
9 SECOND CAUSE OF ACTION
10 (For Common Law Fraudulent Transfer Against Judgment Debtor Defendants)
11 52. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 51 of this Complaint
12 as though set forth in full at this point.
13 53. Plaintiffs are informed and believe, and on that basis allege, that Judgment
14 Debtor, individually and through his agents and others acting at his direction and/or under his
15 control, including but not limited to the xxxxx, the LLC, and/or Does 1-20, inclusive, have jointly
16 taken actions to prevent the Plaintiffs from collecting the Judgment through the use of shell
17 limited liability companies, shell trusts, fraudulent conveyances, fraudulent transfers of assets
18 without consideration, and/or other fraudulent means intended by Defendants to hide the true
19 nature and value of Judgment Debtor’s ownership and control of said entities, assets, monies,
20 and accounts; the identity of Judgment Debtor’s agents and successors; and the true financial
21 condition of Judgment Debtor.
22 54. The above-alleged fraudulent conduct of Judgment Debtor Defendants by which
23 they seek to intentionally hinder, delay, and defraud Plaintiffs from collecting the Judgment, and
24 the fraudulent and tortious conduct of the other Judgment Debtor Defendants by which they are
25 continuing to aid, abet, and assist Judgment Debtor in the furtherance of his fraud on creditors,
26 has in fact hindered, delayed, and defrauded Plaintiffs.
27 55. Plaintiffs are informed and believe, and on that basis allege, that Judgment
28 Debtor’s assets have been transferred by him without having received reasonably equivalent
11
COMPLAINT
1 value therefor. The assets have been transferred to the xxxxx, the LLC, and/or Does 1-20,
2 inclusive, and/or family members, trusts, and/or entities controlled by Judgment Debtor or those
3 subject to his control.
4 56. Plaintiffs have been harmed as a result of the above-alleged fraudulent and
5 tortious conduct of Judgment Debtor Defendants and Judgment Debtor Defendants’ conduct was
6 a substantial factor in causing Plaintiffs’ damage and harm, including but not limited to, delay in
7 the collection of the Judgment, the incurring of substantial additional attorney’s fees and costs in
8 tracing, challenging, and defeating Judgment Debtor Defendants’ fraudulent transfers and
9 concealment of their assets, loss of business opportunities that had to be deferred or abandoned
10 as the result of Judgment Debtor Defendants’ concealment of their assets and refusal to pay their
11 indebtedness to Plaintiffs, in amounts to be established according to proof at trial. Plaintiffs’ tort
12 damages, including compensatory and punitive damages, are recoverable by Plaintiffs in this
13 action under the common law fraudulent conveyance cause of action as established by the
14 holding of Berger v. Varum, (2019) 35 Cal.App.5th 1013.
15 57. Based on the foregoing, the (1) January 10, 2019 Grant Deed purportedly
16 transferring the Topanga Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC
17 ‘Irrevocable xxxxx’”; and the (2) July 28, 2021 Grant Deed confirming the change in title from
18 “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” to the xxxxx, should be declared void and cancelled.
19 58. By virtue of Judgment Debtor’s fraudulent acts, Defendants who have received
20 assets and property from Judgment Debtor should be ordered to hold all such assets and property
21 as constructive trustees for Plaintiffs’ benefit, and to account to Plaintiffs therefor.
22 59. This Court should also order and declare that all of the assets and property of
23 Judgment Debtor which he has fraudulently sought to conceal from his creditors, including
24 Plaintiffs, should be impressed with equitable liens in favor of Plaintiffs as security for the
25 payment, enforcement, and recovery of the full amount of their resulting damages, to be
26 established according to proof, but not less than $90,914.01, plus post-judgment interest of at
27 least $13,475.17.
28 60. By virtue of Judgment Debtor’s fraudulent acts, Plaintiffs were required to
12
COMPLAINT
1 commence the instant action in order to enforce their prior judgment. Plaintiffs are therefore
2 entitled to recover their attorney’s fees incurred in this action in order to enforce their judgment,
3 pursuant to California Code of Civil Procedure section 685.040, in an amount to be established
4 according to proof at trial.
5 61. Plaintiffs are informed and believe, and based upon such information and belief
6 allege, that the aforementioned conspiracy of the Judgment Debtor Defendants was malicious,
7 wanton, intentional, and amounted to a misrepresentation, deceit, or concealment of material
8 facts, with the intention on the part of the Defendants of depriving Plaintiffs of their security
9 interest in the Topanga Canyon Property to their economic advantage, and was despicable
10 conduct that subjected Plaintiffs to a cruel and unjust hardship sufficient to justify an award of
11 exemplary or punitive damages.
12 THIRD CAUSE OF ACTION
13 (Conspiracy by Plaintiffs Against Judgment Debtor Defendants)
14 62. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 61 of this Complaint
15 as though set forth in full at this point.
16 63. As alleged above, Judgment Debtor Defendants agreed and knowingly and
17 willfully conspired between themselves to hinder, delay, and defraud Plaintiffs in the collection
18 of the debt owed by Judgment Debtor.
19 64. Under this conspiracy, the Judgment Debtor Defendants agreed to transfer title to
20 the Topanga Canyon Property in order to hinder, delay, or completely prevent Plaintiffs from
21 collecting on their debt.
22 65. Plaintiffs are informed and believe, and based upon such information and belief
23 allege, that the aforementioned conspiracy of the Judgment Debtor Defendants was malicious,
24 wanton, intentional, and amounted to a misrepresentation, deceit, or concealment of material
25 facts, with the intention on the part of the Defendants of depriving Plaintiffs of their security
26 interest in the Topanga Canyon Property to their economic advantage, and was despicable
27 conduct that subjected Plaintiffs to a cruel and unjust hardship sufficient to justify an award of
28 exemplary or punitive damages.
13
COMPLAINT
1 66. Judgment Debtor Defendants did the things and acts herein alleged pursuant to,
2 and in furtherance of, the conspiracy and agreement alleged above.
3 67. As a proximate result of the conspiracy between the Judgment Debtor Defendants
4 and the resulting damage to Plaintiffs’ security interest in the form of a Deed of xxxxx on the
5 Topanga Canyon Property, Plaintiffs have been generally and specially damaged in an amount to
6 be determined at trial, but not less than $90,914.01, plus post-judgment interest of at least
7 $13,475.17.
8 FOURTH CAUSE OF ACTION
9 (Action to Cancel Instrument Against Judgment Debtor Defendants)
10 68. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 67 of this Complaint
11 as though set forth in full at this point.
12 69. There is in existence a written instrument which purports to be a Grant Deed
13 transferring Judgment Debtor’s interest in the Topanga Canyon Property to the xxxxx and/or the
14 LLC. This instrument was purportedly executed in Los Angeles County, California, on January
15 10, 2019, and recorded on April 21, 2021. The form and contents of the purported Grant Deed
16 are set out in the copy which is attached to this Complaint as Exhibit C and incorporated by
17 reference.
18 70. There is in existence a written instrument which purports to be a Grant Deed
19 transferring Judgment Debtor’s interest in the Topanga Canyon Property to the xxxxx. This
20 instrument was purportedly executed in Los Angeles County, California, on July 22, 2021, and
21 recorded on July 28, 2021. The form and contents of the purported Grant Deed are set out in the
22 copy which is attached to this Complaint as Exhibit G and incorporated by reference.
23 71. The above-referenced written instruments are void or voidable against Plaintiffs
24 because they were executed with the intent to defeat collection of Plaintiffs’ claim. As outlined
25 above, the Grant Deed transferring Judgment Debtor’s interest in the Topanga Canyon Property
26 were recorded while the McGhan lawsuit was pending.
27 72. If left outstanding, the Grant Deed recorded on April 21, 2021, Instrument No.
28 20210632894 and the Grant Deed recorded on July 28, 2021, Instrument No. 20211158205, may
14
COMPLAINT
1 cause serious injury to Plaintiffs by impairing their security interest (ability to collect on the
2 $90,914.01 Judgment) in the Topanga Canyon Property.
3 73. Plaintiffs are informed and believe, and based upon such information and belief
4 allege, that the aforementioned conduct of the Judgment Debtor Defendants was malicious,
5 wanton, intentional, and amounted to a misrepresentation, deceit, or concealment of material
6 facts, with the intention on the part of the Judgment Debtor Defendants of depriving Plaintiffs of
7 their security interest in the Topanga Canyon Property to their economic advantage, and was
8 despicable conduct that subjected Plaintiffs to a cruel and unjust hardship sufficient to justify an
9 award of exemplary or punitive damages.
10 74. The (1) January 10, 2019 Grant Deed purportedly transferring the Topanga
11 Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’”; and
12 the (2) July 28, 2021 Grant Deed confirming the change in title from “xxx xxxxx xxxxx LLC
13 ‘Irrevocable xxxxx’” to the xxxxx should be declared void and cancelled in order to prevent
14 serious injury to Plaintiffs’ interest in the Topanga Canyon Property.
15 FIFTH CAUSE OF ACTION
16 (Quiet Title Against All Defendants)
17 75. Plaintiffs hereby repeat and re-alleges Paragraphs 1 through 74 of this Complaint
18 as though set forth in full at this point.
19 76. On September 15, 2022, Plaintiffs caused to be recorded with the County of Los
20 Angeles, Recorder’s Office a lien on the Judgment Debtor’s real property, Instrument No.
21 20220906202. Pursuant to the Judgment of August 31, 2022, such lien grants Plaintiffs a
22 security interest in real property in the County of Los Angeles, State of California, described as
23 “A CONDOMINIUM COMPRISED OF: PARCEL 1: (A) AN UNDIVIDED 1/42 INTEREST
24 IN AND TO LOT 1 OF TRACT NO. 3825, IN THE CITY OF LOS ANGELES, COUNTY OF
25 LOS ANGLE,ES STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 985,
26 PAGES 33 TO 35, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER
27 OF SAID COUNTY. EXCEPT THEREFROM UNITS 1 TO 42, INCLUSIVE, AS SHOWN
28 AND DEFINED ON THE CONDOMINIUM PLAN RECORDED AUGUST 7, 1981 AS
15
COMPLAINT
1 INSTRUMENT NO. 81-793219 AND AS AMENDED BY FIRST AMENDMENT TO THE
2 CONDOMINIUM PLAN RECORDED JANUARY 24, 2006 AS INSTRUMENT NO:06-
3 0165714 BOTH OF OFFICIAL RECORDS. LAST RECORDING DATED OCTOBER 12,
4 2012 NO. 20121556347 OFFICIAL RECORD (B) UNIT 22 AS SHOWN AND DEFINED
5 CONDOMINIMUM PLAN ABOVE MENTIONED. PARCEL 2: AN EXCLUSIVE
6 EASEMENT FOR PARKING SPCE PURPOSES OVER THOSE AREAS NUMBERED PS-16
7 AND PS-17 AS SHOWN AND DEFINED AS EXCLUSIVE USE COMMON AREA OF THE
8 CONDOMINIUM PLAN ABOVE MENTIONED.”
9 77. Plaintiffs were in possession of Instrument No. 20220906202 within five years of
10 the commencement of this action.
11 78. Plaintiffs are informed and believe, and based upon such information and belief
12 allege that the xxxxx claims an interest in the Topanga Canyon Property adverse to Plaintiffs’
13 title. The xxxxx claims this interest via the (1) April 21, 2021 Grant Deed purporting to transfer
14 the Topanga Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC ‘Irrevocable
15 xxxxx’”, and/or the (2) July 28, 2021 Grant Deed, correcting the April 21, 2021 Grant Deed to
16 “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” to instead name the xxxxx. The April 21, 2021 Grant
17 Deed was recorded as Instrument No. 20210632894 in the Los Angeles County Recorder’s
18 Office. (Exhibit C.) The July 28, 2021, Grant Deed was recorded with the Los Angeles County
19 Recorder’s Office as Instrument Number 20211158205. (Exhibit G.)
20 79. The xxxxx’s claim is without any right or merit whatsoever and they have no right,
21 title, estate, lien, or interest superseding Plaintiffs’ title.
22 80. Plaintiffs are informed and believe that at least two other parties have adverse
23 claims to the Topanga Canyon Property. Pursuant to a Grant Deed executed July 21, 2021, the
24 TJM Defendants obtained an interest adverse to Plaintiffs’. (Exhibit F.) Pursuant to a Grant
25 Deed executed November 29, 2023, the Welsh Defendants obtained an interest adverse to
26 Plaintiffs’. (Exhibit K.)
27 81. Plaintiffs are seeking to quiet title against all adverse claims to the Topanga
28 Canyon Property by all claimants, known and unknown, as of the date of filing of this
16
COMPLAINT
1 Complaint.
2 SIXTH CAUSE OF ACTION
3 (Alter Ego Liability Against Judgment Debtor Defendants)
4 82. Plaintiffs hereby repeat and re-alleges Paragraphs 1 through 81 of this Complaint
5 as though set forth in full at this point.
6 83. Plaintiffs are informed and believe that there is a unity of interest and ownership
7 between the Judgment Debtor Defendants. Plaintiffs are informed and believe that the xxxxx
8 and/or the LLC was established merely as a shell or conduit for the affairs of Judgment Debtor.
9 84. Plaintiffs are informed and believe that the Judgment Debtors commingle funds
10 and assets, such as the Topanga Canyon Property, which was transferred without any apparent
11 exchange of any funds between the various entities.
12 85. If Plaintiffs are unable to recover against the Judgment Debtor’s alter egos,
13 including the xxxxx and/or the LLC, Plaintiffs may suffer serious injury and their security interest
14 in the Topanga Canyon Property (ability to collect on the $90,914.01 Judgment) may be
15 impaired.
16 86. Plaintiffs are entitled to a finding that the Judgment Debtor Defendants are the
17 alter ego of each other, specifically that the xxxxx and/or the LLC is the alter ego of the Judgment
18 Debtor, and that Plaintiffs are entitled to recover on the debt owed by Judgment Debtor against
19 the xxxxx and/or the LLC in this action, as established by the holding of Highland Springs
20 Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267.
21 PRAYER FOR RELIEF
22 WHEREFORE, Plaintiffs pray for judgment as follows:
23 On the First Cause of Action
24 1. Judgment Debtor’s January 10, 2019 fraudulent transfer from Judgment Debtor to
25 the xxxxx, Instrument No. 20210632894, should be declared null and void.
26 2. Judgment Debtor’s July 22, 2021 fraudulent transfer from Judgment Debtor to the
27 xxxxx, Instrument No. 20211158205, should be declared null and void.
28 3. That a temporary restraining order be granted to Plaintiffs enjoining and
17
COMPLAINT
1 restraining Defendants, and each of them, from disposing, selling, transferring, or conveying the
2 Topanga Canyon Property, or any other properties of the Judgment Debtor.
3 4. That the Judgment be declared a lien on the Topanga Canyon Property and/or any
4 other properties owned by Judgment Debtor and on the proceeds of any further transfers of such
5 properties.
6 5. That Defendants who have received assets and property from Judgment Debtor
7 are declared to hold all such assets and property as constructive trustees for Plaintiffs’ benefit.
8 6. For an attachment or other provisional remedy, including appointment of a
9 receiver, against the Topanga Canyon Property.
10 7. For an order authorizing Plaintiffs to levy execution on the Topanga Canyon
11 Property or the proceeds thereof.
12 8. For judgment against the Judgment Debtor Defendants, and each of them, as a
13 result of the fraudulent conduct described herein, for the value of the Topanga Canyon Property,
14 or the amount necessary to satisfy Plaintiffs’ claims.
15 9. For reasonable attorney’s fees in an amount to be proven at trial incurred as a
16 result of Defendants’ improper actions.
17 On the Second Cause of Action
18 1. Judgment Debtor’s January 10, 2019 fraudulent transfer from Judgment Debtor to
19 the xxxxx, Instrument No. 20210632894, should be declared null and void.
20 2. Judgment Debtor’s July 22, 2021 fraudulent transfer from Judgment Debtor to the
21 xxxxx, Instrument No. 20211158205, should be declared null and void.
22 3. That a temporary restraining order be granted to Plaintiffs enjoining and
23 restraining Defendants, and each of them, from disposing, selling, transferring, or conveying the
24 Topanga Canyon Property, or any other properties of the Judgment Debtor.
25 4. That the Judgment be declared a lien on the Topanga Canyon Property and/or any
26 other properties owned by Judgment Debtor and on the proceeds of any further transfers of such
27 properties.
28 5. That Defendants who have received assets and property from Judgment Debtor
18
COMPLAINT
1 are declared to hold all such assets and property as constructive trustees for Plaintiffs’ benefit.
2 6. For an attachment or other provisional remedy, including appointment of a
3 receiver, against the Topanga Canyon Property.
4 7. For an order authorizing Plaintiffs to levy execution on the Topanga Canyon
5 Property or the proceeds thereof.
6 8. For judgment against the Defendants, and each of them, as a result of the
7 fraudulent conduct described herein, for the value of the Topanga Canyon Property, or the
8 amount necessary to satisfy Plaintiffs’ claims.
9 9. For reasonable attorney’s fees in an amount to be proven at trial incurred as a
10 result of Defendants’ improper actions.
11 10. For exemplary and punitive damages in an amount to be determined at trial.
12 On the Third Cause of Action
13 1. For general and special damages in an amount to be determined at trial, but not
14 less than $90,914.01, plus post-judgment interest of at least $13,475.17.
15 2. For exemplary and punitive damages in an amount to be determined at trial.
16 On the Fourth Cause of Action
17 1. That Judgment Debtor Defendants deliver the Grant Deeds immediately to the
18 clerk of the court for cancellation.
19 2. For damages, in the event that Judgment Debtor Defendants fail to surrender the
20 Grant Deeds for cancellation pursuant to the judgment, in a sum not less than $90,914.01, plus
21 post-judgment interest of at least $13,475.17 as compensation in lieu of cancellation.
22 3. For reasonable attorney’s fees in an amount to be proven at trial incurred as a
23 result of Defendants’ improper actions.
24 4. For exemplary and punitive damages in an amount to be determined at trial.
25 On the Fifth Cause of Action
26 1. That Judgment Debtor is the owner in fee simple of the Topanga Canyon
27 Property.
28 2. That the TJM Defendants have a security interest in the Topanga Canyon Property
19
COMPLAINT
1 superior to Plaintiffs’ interest, pursuant to the Grant Deed recorded July 28, 2021. (Exhibit F)
2 3. That Plaintiffs have a security interest in the Topanga Canyon Property, pursuant
3 to the Abstract of Judgment entered September 15, 2022 (Exhibit H), and that no Defendant or
4 unknown third party has any interest in the property superior to Plaintiffs with the exception of
5 the aforementioned security interest of the TJM Defendants.
6 4. That the Welsh Defendants have a security interest in the Topanga Canyon
7 Property inferior to Plaintiffs’ security interest, pursuant to the Grant Deed recorded December
8 4, 2023. (Exhibit K.)
9 On the Sixth Cause of Action
10 1. That the xxxxx and/or the LLC are the alter egos of Judgment Debtor and that
11 Plaintiffs may recover the debt owed by Judgment Debtor from the xxxxx and/or the LLC.
12 On All Causes of Action
13 1. For the costs of the suit herein incurred;
14 2. For pre-judgment interest;
15 3. Reasonable attorney’s fees as allowed by law; and
16 4. For such other and further relief as the Court may deem proper.
17
DATED: February 23, 2024 REUBEN RAUCHER & BLUM
18
19
20 By:
Stephen L. Raucher
21 Attorneys for Plaintiffs
Marcelo Cantu and Mauricio Cantu
22
23
24
25
26
27
28
20
COMPLAINT
1 VERIFICATION
2 I, Mauricio Cantu, am a Plaintiff in my individual capacity in the above-entitled action. I
3 have read the foregoing Complaint and know the contents thereof. The same is true of my own
4 knowledge, except as to those matters which are alleged on information and belief, and as to
5 those matters, I believe it to be true.
6
7 I declare under penalty of perjury under the laws of the State of California that the
8 foregoing is true and correct.
9
10
11
By:
12 Mauricio Cantu
13
14
Date: 02/23/24
15
16
17
18
19
20
21
22
Preview
1 Stephen L. Raucher, Esq. [State Bar #162795] Maria Hutt, Esq. [State Bar #353435] 2 REUBEN RAUCHER & BLUM 12400 Wilshire Boulevard, Suite 800 3 Los Angeles, California 90025 4 Telephone: (310) 777-1990 Facsimile: (310) 777-1989 5 Attorneys for Plaintiffs 6 Marcelo Cantu and Mauricio Cantu 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF LOS ANGELES 10 11 MARCELO CANTU, an Individual; and Case No.: ___________________________ MAURICIO CANTU, an Individual, 12 VERIFIED COMPLAINT FOR: Plaintiffs, 13 vs. 1. Fraudulent Transfer Pursuant to 14 California Civil Code § 3439, et seq., to ABYLAY ZHAKASHOV, an Individual; xxx Vacate and Set Aside Voidable 15 xxxxx xxxxx LLC, a California limited Transactions liability company; xxxxxxxxxxxxxx, as 2. Common Law Fraudulent Transfer 16 Trustee of the xxx xxxxx xxxxx LLC 3. Conspiracy “Irrevocable xxxxx” dated January 10, 2019; 4. Action to Cancel Instrument 17 KERRY WELSH and HELEN WELSH, as 5. Quiet Title Trustees of The Stedgh xxxxx Dated January 18, 6. Alter Ego Liability 18 2022; LISE WELSH, as Trustee of The Lise Welsh Revocable xxxxx; TJM REAL ESTATE 19 INVESTMENTS INC., a California corporation; and DOES 1-40, inclusive; All 20 Persons Unknown Claiming Any Legal or Equitable Right, Title, Estate, Lien, or Interest 21 in the Properties Described in the Complaint Adverse to Plaintiffs’ Title, or Any Cloud on 22 Plaintiffs’ Title Thereto, 23 Defendants. 24 25 26 27 28 COMPLAINT 1 Plaintiffs Marcelo Cantu and Mauricio Cantu (“Plaintiffs”) hereby complain and allege as 2 follows: 3 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 4 The Parties 5 1. Plaintiff Marcelo Cantu is an individual residing in Los Angeles County, in the 6 State of California. 7 2. Plaintiff Mauricio Cantu is an individual residing in Los Angeles County, in the 8 State of California. 9 3. Plaintiffs are informed and believe and thereon allege that Defendant ABYLAY 10 ZHAKASHOV (“Judgment Debtor”) is an individual residing and doing business in Los Angeles 11 County, in the State of California. Judgment Debtor at the time of the commencement of this 12 action was indebted to Plaintiffs as the judgment debtor under the terms of a civil money 13 judgment issued by the Los Angeles County Superior Court more particularly described below. 14 4. Plaintiffs are informed and believe and thereon allege that Defendant xxxxx 15 xxxxxxxx, as Trustee of the xxx xxxxx xxxxx LLC “Irrevocable xxxxx” dated January 10, 16 2019 (“the xxxxx”), is the owner of real property (condominium) located at 7632 Topanga 17 Canyon Boulevard, Unit 122, Canoga Park, CA 91304-5539. 18 5. Plaintiffs are informed and believe and thereon allege that Defendant xxx 19 xxxxx xxxxx LLC (“the LLC”) is a limited liability company organized and existing under 20 the laws of the State of California, with its principal place of business located in Los Angeles 21 County, State of California. 22 6. Plaintiffs are informed and believe and thereon allege that Defendant TJM REAL 23 ESTATE INVESTMENTS INC. is a California corporation doing business in the State of 24 California, and possessing a security interest in real property (condominium) located at 7632 25 Topanga Canyon Boulevard, Unit 122, Canoga Park, CA 91304-5539. 26 7. Plaintiffs are informed and believe and thereon allege that Defendants KERRY 27 WELSH and HELEN WELSH, as Trustees of The Stedgh xxxxx Dated January 18, 2022 and 28 LISE WELSH, Trustee of The Lise Welsh Revocable xxxxx are individuals doing business in the 2 COMPLAINT 1 State of California and possessing a security interest in real property (condominium) located at 2 7632 Topanga Canyon Boulevard, Unit 122, Canoga Park, CA 91304-5539. 3 8. The defendants herein named as “All Persons Unknown Claiming Any Legal or 4 Equitable Right, Title, Estate, Lien, or Interest in the Properties Described in the Complaint 5 Adverse to Plaintiffs’ Title, or Any Cloud on Plaintiffs’ Title Thereto” (“Unknown Defendants”) 6 are unknown to Plaintiffs. Plaintiffs are informed and believe, and based on such information 7 and belief allege, that these Unknown Defendants, and each of them, claim some right, title, 8 estate, lien, or interest in the real property that is the subject of this action adverse to Plaintiffs’ 9 title, and that their claims, and each of them, constitute a cloud on Plaintiffs’ title to the property. 10 Doe Defendants 11 9. Plaintiffs are unaware of the true names and capacities of the defendants sued 12 herein as Does 1 through 40, inclusive. Plaintiffs therefore sue these defendants by such 13 fictitious names and capacities in place of their true names. Plaintiffs will amend this Complaint 14 to allege these defendants’ true names and capacities when ascertained. 15 10. Plaintiffs are informed and believe and thereon allege that Judgment Debtor, 16 acting in concert with the xxxxx, the LLC, and/or Does 1-20, inclusive, and each of them 17 (collectively the “Judgment Debtor Defendants”), intentionally concealed Judgment Debtor’s 18 ownership of assets and engaged in other fraudulent conduct for the specific purpose of 19 hindering, delaying, and defrauding Plaintiffs in their efforts to collect the Judgment. 20 11. At all times herein mentioned, Does 1 through 20, inclusive, and each of them, 21 were the agents, affiliates, subsidiaries, employees and/or alter-egos of the Judgment Debtor 22 Defendants, and were at all times acting within the purpose and scope of said agency and 23 employment, and each Judgment Debtor Defendant has ratified and approved the acts of its 24 agent; and/or Does 1 through 20, inclusive, have acted or failed to act in concert with the 25 Judgment Debtor Defendants as alleged herein, and are responsible in some manner for the 26 injuries and damages suffered by Plaintiffs. All references to the Judgment Debtor Defendants 27 herein shall be deemed to include Does 1 through 20, inclusive. 28 12. Plaintiffs are further informed and believe that the xxxxx, the LLC, and Does 1 3 COMPLAINT 1 through 20, inclusive and each of them, were at all relevant times mentioned herein the alter egos 2 of Judgment Debtor. The xxxxx, the LLC, and Does 1-20, inclusive, and each of them, share a 3 unity of interest in hiding Judgment Debtor’s assets from his creditors and judgment creditors, 4 including Plaintiffs. Further, the xxxxx, the LLC, and Does 1-20, inclusive, and each of them, 5 share a unity of ownership such that separate personalities no longer exist, and that it would be 6 unjust to persist in recognition of the separate personalities. 7 13. Plaintiffs are informed and believe and thereon allege that each of the Defendants, 8 whether specifically named herein or named as Does 1-20, approved, ratified, and/or acquiesced 9 in the acts and omissions of each of the other defendants. 10 14. Plaintiffs are informed and believe and thereon allege that each of the Judgment 11 Debtor Defendants herein, whether named as Does 1-20 or otherwise, acted in concert, 12 agreement and conspiracy with, and aided and abetted, each of their co-defendants in this action 13 for the common purpose of engaging in unlawful scheme to defraud the creditors of Judgment 14 Debtor, including Plaintiffs. 15 15. At all times herein mentioned, Does 21 through 30, inclusive, and each of them, 16 were the agents, affiliates, subsidiaries, employees and/or alter-egos of TJM Real Estate 17 Investments, Inc. (the “TJM Defendants”), and were at all times acting within the purpose and 18 scope of said agency and employment, and each of the TJM Defendants has ratified and 19 approved the acts of its agent; and/or Does 21 through 30, inclusive, have acted or failed to act in 20 concert with the TJM Defendants as alleged herein, and are responsible in some manner for the 21 injuries and damages suffered by Plaintiffs. All references to the TJM Defendants herein shall 22 be deemed to include Does 21 through 30, inclusive. 23 16. Plaintiffs are further informed and believe that Does 21 through 30, inclusive and 24 each of them, were at all relevant times mentioned herein the alter egos of TJM Real Estate 25 Investments, Inc. The TJM Defendants and Does 21-30, inclusive, and each of them, share a 26 unity of interest. Further, the TJM Defendants and Does 21-30, inclusive, and each of them, 27 share a unity of ownership such that separate personalities no longer exist, and that it would be 28 unjust to persist in recognition of the separate personalities. 4 COMPLAINT 1 17. Plaintiffs are informed and believe and thereon allege that each of the Defendants, 2 whether specifically named herein or named as Does 21-30, approved, ratified, and/or 3 acquiesced in the acts and omissions of each of the other TJM Defendants. 4 18. Plaintiffs are informed and believe and thereon allege that each of the TJM 5 Defendants herein, whether named as Does 21-30 or otherwise, acted in concert, agreement and 6 conspiracy with, and aided and abetted, each of their co-defendants in this action for a common 7 purpose. 8 19. At all times herein mentioned, Does 31 through 40, inclusive, and each of them, 9 were the agents, affiliates, subsidiaries, employees and/or alter-egos of Kerry Welsh and Helen 10 Welsh, Trustees of The Stedgh xxxxx Dated January 18, 2022, and Lise Welsh, Trustee of the 11 Lise Welsh Revocable xxxxx (the “Welsh Defendants”), and were at all times acting within the 12 purpose and scope of said agency and employment, and each of the Welsh Defendants has 13 ratified and approved the acts of its agent; and/or Does 31 through 40, inclusive, have acted or 14 failed to act in concert with the Welsh Defendants as alleged herein, and are responsible in some 15 manner for the injuries and damages suffered by Plaintiffs. All references to the Welsh 16 Defendants herein shall be deemed to include Does 31 through 40, inclusive. 17 20. Plaintiffs are further informed and believe that Does 31 through 40, inclusive and 18 each of them, were at all relevant times mentioned herein the alter egos of the Welsh Defendants. 19 The Welsh Defendants and Does 31-40, inclusive, and each of them, share a unity of interest. 20 Further, the Welsh Defendants and Does 31-40, inclusive, and each of them, share a unity of 21 ownership such that separate personalities no longer exist, and that it would be unjust to persist 22 in recognition of the separate personalities. 23 21. Plaintiffs are informed and believe and thereon allege that each of the Defendants, 24 whether specifically named herein or named as Does 31-40, approved, ratified, and/or 25 acquiesced in the acts and omissions of each of the other Welsh Defendants. 26 22. Plaintiffs are informed and believe and thereon allege that each of the Welsh 27 Defendants herein, whether named as Does 31-40 or otherwise, acted in concert, agreement and 28 conspiracy with, and aided and abetted, each of their co-defendants in this action for a common 5 COMPLAINT 1 purpose. 2 Venue 3 23. Venue is appropriate in the Los Angeles County Superior Court pursuant to Code 4 of Civil Procedure § 395 because the Plaintiffs’ claim herein for an interest in real property is 5 pursuant to a judgment entered in Los Angeles County and relating to a property located in Los 6 Angeles County. 7 The Prior Litigation 8 24. On or about September 28, 2020, Michelle McGhan caused to be filed a lawsuit in 9 Los Angeles Superior Court, Case Number 20STCV37201 (“McGhan lawsuit”). Broken Cage, 10 LLC, Judgment Debtor, Ava Ismaiylova, Marcelo Cantu, and Mauricio Cantu were named as 11 Defendants to this lawsuit. 12 25. On or about March 26, 2021, Marcelo Cantu, and Mauricio Cantu (“Plaintiffs”) 13 caused to be filed a Cross-Complaint against Broken Cage, LLC, Judgment Debtor, and Ava 14 Ismaiylova (“Cross-Defendants”) in the same action. 15 26. Plaintiffs filed a Request for Entry of Default against the Cross-Defendants, 16 which was entered on August 16, 2021. 17 27. On or about August 31, 2022, judgment was entered in favor of Plaintiffs against 18 the Cross-Defendants, jointly and severally, for $90,914.01, consisting of $69,372.57 in 19 damages, $3,147.93 in costs, and $18,393.51 in attorney’s fees. A true and correct copy of the 20 Default Judgment, dated August 31, 2022, is attached hereto as Exhibit A (the “Judgment”). 21 The Topanga Canyon Boulevard Property 22 28. On or about October 16, 2012, Judgment Debtor, as a “single man” acquired a 23 property, located at 7632 Topanga Canyon Boulevard, Unit 122, Canoga Park, CA 91304 (the 24 “Topanga Canyon Property”). A true and correct copy of the October 16, 2012 Grant Deed is 25 attached as Exhibit B. 26 29. Judgment Debtor purportedly executed a Grant Deed on or about January 10, 27 2019, wherein he transferred the Topanga Canyon Property from “Abylai Zhakashov ‘a single 28 man’” to xxx xxxxx xxxxx, LLC “Irrevocable xxxxx.” The Deed states that the transferor 6 COMPLAINT 1 received nothing of value in exchange therefor. A true and correct copy of the January 10, 2019 2 Grant Deed, recorded April 21, 2021, is attached as Exhibit C. On Plaintiff’s information and 3 belief, the transfer was in fact not made until shortly before April 21, 2021. 4 30. On or about September 29, 2020 – a single day after the McGhan lawsuit had 5 been initiated – Saniya Mulikova as “a married woman” and Judgment Debtor as a “married 6 man” purportedly executed an Interspousal Transfer Grant Deed, declaring the Topanga Canyon 7 Property as the sole and separate property of Judgment Debtor (the “Interspousal Transfer”). A 8 true and correct copy of the September 29, 2020 Grant Deed is attached hereto as Exhibit D. 9 31. On or about January 7, 2021, the Articles of Organization for “xxx xxxxx xxxxx 10 LLC,” a California Limited Liability Company were filed with the California Secretary of State, 11 Entity File Number 20210121011, by xxxxxxxxxxxxxx, Esq. A true and correct copy of the 12 January 7, 2021 Articles of Organization is attached as Exhibit E. 13 32. On or about the same day, January 7, 2021, the Interspousal Transfer Grant Deed 14 of September 29, 2020 was recorded with the Los Angeles County Recorder’s Office, Instrument 15 Number 20210028207. (See Exhibit D.) 16 33. On or about April 21, 2021, the alleged transfer from Judgment Debtor to the 17 xxx xxxxx xxxxx, LLC “Irrevocable xxxxx” of January 10, 2019, was recorded with the Los 18 Angeles County Recorder’s Office, Instrument Number 20210632894. (See Exhibit C.) 19 34. On or about July 22, 2021, a Deed of xxxxx, Security Agreement and Fixture 20 Filing (With Assignment of Rents and Leases) was executed, wherein xxxxxxxxxxxxxx, Trustee 21 of the xxx xxxxx xxxxx LLC “Irrevocable xxxxx” dated January 10, 2019, granted, transferred, 22 and assigned to TJM Real Estate Investment Inc., as Beneficiary, and Red Leaf Servicing, as 23 Trustee, the Topanga Canyon Property, in xxxxx, with power of sale, together with right of entry 24 and possession. The Deed of xxxxx secured indebtedness of $285,000 pursuant to a concurrently 25 executed Promissory Note. It also noted a Guaranty was signed by xxxxxxxxxxxxxx on July 22, 26 2021, “guaranteeing repayment of said Note.” 27 35. On or about July 28, 2021, TJM Real Estate Investment Inc. recorded the July 22, 28 2021 Deed of xxxxx with the Los Angeles County Recorder’s Office, Instrument Number 7 COMPLAINT 1 20211158206. A true and correct copy of the recorded Deed of xxxxx is attached hereto as 2 Exhibit F. 3 36. On or about July 28, 2021, the xxxxx caused to be recorded a Grant Deed with the 4 Los Angeles County Recorder’s Office, Instrument Number 20211158205, confirming a change 5 of name of the grantee under the April 21, 2021 Deed of xxxxx (Exhibit C). Therein, the 6 previously named “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” was corrected to “xxxxx 7 xxxxxxxx, Trustee of the xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’ dated January 10, 2019.” A 8 true and correct copy of the recorded Grant Deed is attached hereto as Exhibit G. 9 37. On or about September 15, 2022, Plaintiffs caused to be recorded an Abstract of 10 Judgment, Instrument No. 2022-0906202 of the Official Records in the County of Los Angeles, 11 to preserve their interest in the real property of Judgment Debtor. A true and correct copy of 12 Plaintiffs’ Abstract of Judgment is attached hereto as Exhibit H. 13 38. It was not until January 2024 that Plaintiffs became aware of the purported 14 transfers of April 21, 2021 and July 28, 2021 discussed herein. Plaintiffs became aware of the 15 transfers because, on November 28, 2023, Plaintiffs’ counsel of record received an inquiry from 16 Stewart Title of California, Inc., notifying Plaintiffs that “instructions had been placed with 17 [Stewart Title] to pay the full balance due [Plaintiffs] under the Judgment and/or lien filed by 18 [Plaintiffs] against Broken Cage LLC; Abylay Zhakashov, Ava Ismaiylova which was recorded 19 September 15, 2022.” A true and correct copy of this inquiry from escrow is attached hereto as 20 Exhibit I. 21 39. Plaintiffs were asked to forward their release and/or satisfaction of the lien, 22 together with instructions for payment. They did so, on November 29, 2023. However, the 23 escrow officer responded that “As of this morning, we’re not being required to payoff this 24 demand through this transaction.” A true and correct copy of this email is attached hereto as 25 Exhibit J. It was only shortly after Plaintiffs received this response that Plaintiffs located the 26 deeds attached hereto in January 2024. 27 40. Then, on or about November 29, 2023, another Deed of xxxxx and Assignment of 28 Rights was executed by xxxxxxxxxxxxxx, Trustee of the xxx xxxxx xxxxx LLC “Irrevocable 8 COMPLAINT 1 xxxxx” dated January 10, 2019. Therein, California TD Specialists as Trustee, was irrevocably 2 granted, transferred, and assigned the Topanga Canyon Property, in xxxxx, with power of sale for 3 the benefit of the Welsh Defendants, as lender/beneficiaries. The Deed of xxxxx secured 4 indebtedness of $342,000 pursuant to a concurrently executed Promissory Note. 5 41. On or about December 4, 2023, the November 29, 2023 Deed of xxxxx was 6 recorded with the Los Angeles County Recorder’s Office, Instrument Number 20230838384. A 7 true and correct copy is attached Exhibit K. 8 FIRST CAUSE OF ACTION 9 (Fraudulent Transfer Under the Uniform Voidable Transactions Act Against the Judgment 10 Debtor Defendants) 11 42. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 41 of this Complaint 12 as though set forth in full at this point. 13 43. Plaintiffs are informed and believe and thereon allege that the Judgment Debtor 14 Defendants conspired together and embarked on a scheme to attempt to put the Topanga Canyon 15 Property (and potentially other properties the identity of which is not yet known) out of the reach 16 of Judgment Debtor’s creditors, including Plaintiffs, in the event that an adverse judgment was 17 reached against Judgment Debtor in the McGhan lawsuit. Plaintiffs are informed and believe 18 and thereon allege that the Judgment Debtor Defendants orchestrated and made the transfers 19 alleged above in order to accomplish this purpose. 20 44. Plaintiffs are informed and believe and thereon allege that the transfers of the 21 Topanga Canyon Property that are the subject of this Complaint were made by the Judgment 22 Debtor Defendants with the actual intent to hinder, delay, or defraud one or more creditors of the 23 Judgment Debtor Defendants, including without limitation Plaintiffs. 24 45. Plaintiffs are informed and believe and thereon allege that both the xxxxx and the 25 LLC were not formed for a lawful purpose, did not give reasonably equivalent value for the 26 interest in the Topanga Canyon Property conveyed to them in any transfer, and that other badges 27 of fraud are present as to the transfer of the Topanga Canyon Property. Plaintiffs are informed 28 and believe and thereon allege that the xxxxx and/or the LLC took said interest with the 9 COMPLAINT 1 knowledge that said transfer was intended to hinder, delay, or defraud one or more creditors of 2 Judgment Debtor, including without limitation Plaintiffs, or otherwise did not take said interest 3 in good faith. 4 46. Plaintiffs are informed and believe and on that basis allege that Judgment Debtor, 5 the LLC, and/or the xxxxx, have jointly conspired with and aided and abetted each other in the 6 fabrication of a false, fraudulent, backdated, and non-genuine purported Grant Deed, which was 7 purportedly executed by Judgment Debtor on January 10, 2019, but which, in truth, is a 8 fabrication designed, calculated and implemented by Judgment Debtor, the xxxxx, and/or the 9 LLC, with the intention, and for the purpose of thereby hindering, delaying, and defrauding 10 Judgment Debtor’s creditors and judgment creditors, including Plaintiffs. 11 47. Plaintiffs are informed and believe and on that basis allege that Judgment Debtor, 12 the LLC, and/or the xxxxx, have jointly conspired with and aided and abetted each other in the 13 fabrication of a false, fraudulent, backdated, and non-genuine purported Grant Deed, which was 14 purportedly executed by Judgment Debtor on July 22, 2021, but which, in truth, is a fabrication 15 designed, calculated and implemented by Judgment Debtor, the xxxxx, and/or the LLC, with the 16 intention, and for the purpose of thereby hindering, delaying, and defrauding Judgment Debtor’s 17 creditors and judgment creditors, including Plaintiffs. 18 48. Based on the foregoing, the (1) January 10, 2019 Grant Deed purportedly 19 transferring the Topanga Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC 20 ‘Irrevocable xxxxx’”; and the (2) July 28, 2021 Grant Deed confirming the change in title from 21 “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” to the xxxxx, should be declared void and cancelled 22 under California Civil Code § 3439, et seq. 23 49. By virtue of Judgment Debtor’s fraudulent acts, Defendants who have received 24 assets and property from Judgment Debtor should be ordered to hold all such assets and property 25 as constructive trustees for Plaintiffs’ benefit, and to account to Plaintiffs therefor. 26 50. This Court should also order and declare that all of the assets and property of 27 Judgment Debtor which he has fraudulently sought to conceal from his creditors, including 28 Plaintiffs, should be impressed with equitable liens in favor of Plaintiffs as security for the 10 COMPLAINT 1 payment, enforcement, and recovery of the full amount of their resulting damages, to be 2 established according to proof, but not less than $90,914.01, plus post-judgment interest of at 3 least $13,475.17. 4 51. By virtue of Judgment Debtor’s fraudulent acts, Plaintiffs were required to 5 commence the instant action in order to enforce their prior judgment. Plaintiffs are therefore 6 entitled to recover their attorney’s fees incurred in this action in order to enforce their judgment, 7 pursuant to California Code of Civil Procedure section 685.040, in an amount to be established 8 according to proof at trial. 9 SECOND CAUSE OF ACTION 10 (For Common Law Fraudulent Transfer Against Judgment Debtor Defendants) 11 52. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 51 of this Complaint 12 as though set forth in full at this point. 13 53. Plaintiffs are informed and believe, and on that basis allege, that Judgment 14 Debtor, individually and through his agents and others acting at his direction and/or under his 15 control, including but not limited to the xxxxx, the LLC, and/or Does 1-20, inclusive, have jointly 16 taken actions to prevent the Plaintiffs from collecting the Judgment through the use of shell 17 limited liability companies, shell trusts, fraudulent conveyances, fraudulent transfers of assets 18 without consideration, and/or other fraudulent means intended by Defendants to hide the true 19 nature and value of Judgment Debtor’s ownership and control of said entities, assets, monies, 20 and accounts; the identity of Judgment Debtor’s agents and successors; and the true financial 21 condition of Judgment Debtor. 22 54. The above-alleged fraudulent conduct of Judgment Debtor Defendants by which 23 they seek to intentionally hinder, delay, and defraud Plaintiffs from collecting the Judgment, and 24 the fraudulent and tortious conduct of the other Judgment Debtor Defendants by which they are 25 continuing to aid, abet, and assist Judgment Debtor in the furtherance of his fraud on creditors, 26 has in fact hindered, delayed, and defrauded Plaintiffs. 27 55. Plaintiffs are informed and believe, and on that basis allege, that Judgment 28 Debtor’s assets have been transferred by him without having received reasonably equivalent 11 COMPLAINT 1 value therefor. The assets have been transferred to the xxxxx, the LLC, and/or Does 1-20, 2 inclusive, and/or family members, trusts, and/or entities controlled by Judgment Debtor or those 3 subject to his control. 4 56. Plaintiffs have been harmed as a result of the above-alleged fraudulent and 5 tortious conduct of Judgment Debtor Defendants and Judgment Debtor Defendants’ conduct was 6 a substantial factor in causing Plaintiffs’ damage and harm, including but not limited to, delay in 7 the collection of the Judgment, the incurring of substantial additional attorney’s fees and costs in 8 tracing, challenging, and defeating Judgment Debtor Defendants’ fraudulent transfers and 9 concealment of their assets, loss of business opportunities that had to be deferred or abandoned 10 as the result of Judgment Debtor Defendants’ concealment of their assets and refusal to pay their 11 indebtedness to Plaintiffs, in amounts to be established according to proof at trial. Plaintiffs’ tort 12 damages, including compensatory and punitive damages, are recoverable by Plaintiffs in this 13 action under the common law fraudulent conveyance cause of action as established by the 14 holding of Berger v. Varum, (2019) 35 Cal.App.5th 1013. 15 57. Based on the foregoing, the (1) January 10, 2019 Grant Deed purportedly 16 transferring the Topanga Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC 17 ‘Irrevocable xxxxx’”; and the (2) July 28, 2021 Grant Deed confirming the change in title from 18 “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” to the xxxxx, should be declared void and cancelled. 19 58. By virtue of Judgment Debtor’s fraudulent acts, Defendants who have received 20 assets and property from Judgment Debtor should be ordered to hold all such assets and property 21 as constructive trustees for Plaintiffs’ benefit, and to account to Plaintiffs therefor. 22 59. This Court should also order and declare that all of the assets and property of 23 Judgment Debtor which he has fraudulently sought to conceal from his creditors, including 24 Plaintiffs, should be impressed with equitable liens in favor of Plaintiffs as security for the 25 payment, enforcement, and recovery of the full amount of their resulting damages, to be 26 established according to proof, but not less than $90,914.01, plus post-judgment interest of at 27 least $13,475.17. 28 60. By virtue of Judgment Debtor’s fraudulent acts, Plaintiffs were required to 12 COMPLAINT 1 commence the instant action in order to enforce their prior judgment. Plaintiffs are therefore 2 entitled to recover their attorney’s fees incurred in this action in order to enforce their judgment, 3 pursuant to California Code of Civil Procedure section 685.040, in an amount to be established 4 according to proof at trial. 5 61. Plaintiffs are informed and believe, and based upon such information and belief 6 allege, that the aforementioned conspiracy of the Judgment Debtor Defendants was malicious, 7 wanton, intentional, and amounted to a misrepresentation, deceit, or concealment of material 8 facts, with the intention on the part of the Defendants of depriving Plaintiffs of their security 9 interest in the Topanga Canyon Property to their economic advantage, and was despicable 10 conduct that subjected Plaintiffs to a cruel and unjust hardship sufficient to justify an award of 11 exemplary or punitive damages. 12 THIRD CAUSE OF ACTION 13 (Conspiracy by Plaintiffs Against Judgment Debtor Defendants) 14 62. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 61 of this Complaint 15 as though set forth in full at this point. 16 63. As alleged above, Judgment Debtor Defendants agreed and knowingly and 17 willfully conspired between themselves to hinder, delay, and defraud Plaintiffs in the collection 18 of the debt owed by Judgment Debtor. 19 64. Under this conspiracy, the Judgment Debtor Defendants agreed to transfer title to 20 the Topanga Canyon Property in order to hinder, delay, or completely prevent Plaintiffs from 21 collecting on their debt. 22 65. Plaintiffs are informed and believe, and based upon such information and belief 23 allege, that the aforementioned conspiracy of the Judgment Debtor Defendants was malicious, 24 wanton, intentional, and amounted to a misrepresentation, deceit, or concealment of material 25 facts, with the intention on the part of the Defendants of depriving Plaintiffs of their security 26 interest in the Topanga Canyon Property to their economic advantage, and was despicable 27 conduct that subjected Plaintiffs to a cruel and unjust hardship sufficient to justify an award of 28 exemplary or punitive damages. 13 COMPLAINT 1 66. Judgment Debtor Defendants did the things and acts herein alleged pursuant to, 2 and in furtherance of, the conspiracy and agreement alleged above. 3 67. As a proximate result of the conspiracy between the Judgment Debtor Defendants 4 and the resulting damage to Plaintiffs’ security interest in the form of a Deed of xxxxx on the 5 Topanga Canyon Property, Plaintiffs have been generally and specially damaged in an amount to 6 be determined at trial, but not less than $90,914.01, plus post-judgment interest of at least 7 $13,475.17. 8 FOURTH CAUSE OF ACTION 9 (Action to Cancel Instrument Against Judgment Debtor Defendants) 10 68. Plaintiffs hereby repeat and re-allege Paragraphs 1 through 67 of this Complaint 11 as though set forth in full at this point. 12 69. There is in existence a written instrument which purports to be a Grant Deed 13 transferring Judgment Debtor’s interest in the Topanga Canyon Property to the xxxxx and/or the 14 LLC. This instrument was purportedly executed in Los Angeles County, California, on January 15 10, 2019, and recorded on April 21, 2021. The form and contents of the purported Grant Deed 16 are set out in the copy which is attached to this Complaint as Exhibit C and incorporated by 17 reference. 18 70. There is in existence a written instrument which purports to be a Grant Deed 19 transferring Judgment Debtor’s interest in the Topanga Canyon Property to the xxxxx. This 20 instrument was purportedly executed in Los Angeles County, California, on July 22, 2021, and 21 recorded on July 28, 2021. The form and contents of the purported Grant Deed are set out in the 22 copy which is attached to this Complaint as Exhibit G and incorporated by reference. 23 71. The above-referenced written instruments are void or voidable against Plaintiffs 24 because they were executed with the intent to defeat collection of Plaintiffs’ claim. As outlined 25 above, the Grant Deed transferring Judgment Debtor’s interest in the Topanga Canyon Property 26 were recorded while the McGhan lawsuit was pending. 27 72. If left outstanding, the Grant Deed recorded on April 21, 2021, Instrument No. 28 20210632894 and the Grant Deed recorded on July 28, 2021, Instrument No. 20211158205, may 14 COMPLAINT 1 cause serious injury to Plaintiffs by impairing their security interest (ability to collect on the 2 $90,914.01 Judgment) in the Topanga Canyon Property. 3 73. Plaintiffs are informed and believe, and based upon such information and belief 4 allege, that the aforementioned conduct of the Judgment Debtor Defendants was malicious, 5 wanton, intentional, and amounted to a misrepresentation, deceit, or concealment of material 6 facts, with the intention on the part of the Judgment Debtor Defendants of depriving Plaintiffs of 7 their security interest in the Topanga Canyon Property to their economic advantage, and was 8 despicable conduct that subjected Plaintiffs to a cruel and unjust hardship sufficient to justify an 9 award of exemplary or punitive damages. 10 74. The (1) January 10, 2019 Grant Deed purportedly transferring the Topanga 11 Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’”; and 12 the (2) July 28, 2021 Grant Deed confirming the change in title from “xxx xxxxx xxxxx LLC 13 ‘Irrevocable xxxxx’” to the xxxxx should be declared void and cancelled in order to prevent 14 serious injury to Plaintiffs’ interest in the Topanga Canyon Property. 15 FIFTH CAUSE OF ACTION 16 (Quiet Title Against All Defendants) 17 75. Plaintiffs hereby repeat and re-alleges Paragraphs 1 through 74 of this Complaint 18 as though set forth in full at this point. 19 76. On September 15, 2022, Plaintiffs caused to be recorded with the County of Los 20 Angeles, Recorder’s Office a lien on the Judgment Debtor’s real property, Instrument No. 21 20220906202. Pursuant to the Judgment of August 31, 2022, such lien grants Plaintiffs a 22 security interest in real property in the County of Los Angeles, State of California, described as 23 “A CONDOMINIUM COMPRISED OF: PARCEL 1: (A) AN UNDIVIDED 1/42 INTEREST 24 IN AND TO LOT 1 OF TRACT NO. 3825, IN THE CITY OF LOS ANGELES, COUNTY OF 25 LOS ANGLE,ES STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 985, 26 PAGES 33 TO 35, INCLUSIVE OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER 27 OF SAID COUNTY. EXCEPT THEREFROM UNITS 1 TO 42, INCLUSIVE, AS SHOWN 28 AND DEFINED ON THE CONDOMINIUM PLAN RECORDED AUGUST 7, 1981 AS 15 COMPLAINT 1 INSTRUMENT NO. 81-793219 AND AS AMENDED BY FIRST AMENDMENT TO THE 2 CONDOMINIUM PLAN RECORDED JANUARY 24, 2006 AS INSTRUMENT NO:06- 3 0165714 BOTH OF OFFICIAL RECORDS. LAST RECORDING DATED OCTOBER 12, 4 2012 NO. 20121556347 OFFICIAL RECORD (B) UNIT 22 AS SHOWN AND DEFINED 5 CONDOMINIMUM PLAN ABOVE MENTIONED. PARCEL 2: AN EXCLUSIVE 6 EASEMENT FOR PARKING SPCE PURPOSES OVER THOSE AREAS NUMBERED PS-16 7 AND PS-17 AS SHOWN AND DEFINED AS EXCLUSIVE USE COMMON AREA OF THE 8 CONDOMINIUM PLAN ABOVE MENTIONED.” 9 77. Plaintiffs were in possession of Instrument No. 20220906202 within five years of 10 the commencement of this action. 11 78. Plaintiffs are informed and believe, and based upon such information and belief 12 allege that the xxxxx claims an interest in the Topanga Canyon Property adverse to Plaintiffs’ 13 title. The xxxxx claims this interest via the (1) April 21, 2021 Grant Deed purporting to transfer 14 the Topanga Canyon Property from Judgment Debtor to the “xxx xxxxx xxxxx LLC ‘Irrevocable 15 xxxxx’”, and/or the (2) July 28, 2021 Grant Deed, correcting the April 21, 2021 Grant Deed to 16 “xxx xxxxx xxxxx LLC ‘Irrevocable xxxxx’” to instead name the xxxxx. The April 21, 2021 Grant 17 Deed was recorded as Instrument No. 20210632894 in the Los Angeles County Recorder’s 18 Office. (Exhibit C.) The July 28, 2021, Grant Deed was recorded with the Los Angeles County 19 Recorder’s Office as Instrument Number 20211158205. (Exhibit G.) 20 79. The xxxxx’s claim is without any right or merit whatsoever and they have no right, 21 title, estate, lien, or interest superseding Plaintiffs’ title. 22 80. Plaintiffs are informed and believe that at least two other parties have adverse 23 claims to the Topanga Canyon Property. Pursuant to a Grant Deed executed July 21, 2021, the 24 TJM Defendants obtained an interest adverse to Plaintiffs’. (Exhibit F.) Pursuant to a Grant 25 Deed executed November 29, 2023, the Welsh Defendants obtained an interest adverse to 26 Plaintiffs’. (Exhibit K.) 27 81. Plaintiffs are seeking to quiet title against all adverse claims to the Topanga 28 Canyon Property by all claimants, known and unknown, as of the date of filing of this 16 COMPLAINT 1 Complaint. 2 SIXTH CAUSE OF ACTION 3 (Alter Ego Liability Against Judgment Debtor Defendants) 4 82. Plaintiffs hereby repeat and re-alleges Paragraphs 1 through 81 of this Complaint 5 as though set forth in full at this point. 6 83. Plaintiffs are informed and believe that there is a unity of interest and ownership 7 between the Judgment Debtor Defendants. Plaintiffs are informed and believe that the xxxxx 8 and/or the LLC was established merely as a shell or conduit for the affairs of Judgment Debtor. 9 84. Plaintiffs are informed and believe that the Judgment Debtors commingle funds 10 and assets, such as the Topanga Canyon Property, which was transferred without any apparent 11 exchange of any funds between the various entities. 12 85. If Plaintiffs are unable to recover against the Judgment Debtor’s alter egos, 13 including the xxxxx and/or the LLC, Plaintiffs may suffer serious injury and their security interest 14 in the Topanga Canyon Property (ability to collect on the $90,914.01 Judgment) may be 15 impaired. 16 86. Plaintiffs are entitled to a finding that the Judgment Debtor Defendants are the 17 alter ego of each other, specifically that the xxxxx and/or the LLC is the alter ego of the Judgment 18 Debtor, and that Plaintiffs are entitled to recover on the debt owed by Judgment Debtor against 19 the xxxxx and/or the LLC in this action, as established by the holding of Highland Springs 20 Conference & Training Center v. City of Banning (2016) 244 Cal.App.4th 267. 21 PRAYER FOR RELIEF 22 WHEREFORE, Plaintiffs pray for judgment as follows: 23 On the First Cause of Action 24 1. Judgment Debtor’s January 10, 2019 fraudulent transfer from Judgment Debtor to 25 the xxxxx, Instrument No. 20210632894, should be declared null and void. 26 2. Judgment Debtor’s July 22, 2021 fraudulent transfer from Judgment Debtor to the 27 xxxxx, Instrument No. 20211158205, should be declared null and void. 28 3. That a temporary restraining order be granted to Plaintiffs enjoining and 17 COMPLAINT 1 restraining Defendants, and each of them, from disposing, selling, transferring, or conveying the 2 Topanga Canyon Property, or any other properties of the Judgment Debtor. 3 4. That the Judgment be declared a lien on the Topanga Canyon Property and/or any 4 other properties owned by Judgment Debtor and on the proceeds of any further transfers of such 5 properties. 6 5. That Defendants who have received assets and property from Judgment Debtor 7 are declared to hold all such assets and property as constructive trustees for Plaintiffs’ benefit. 8 6. For an attachment or other provisional remedy, including appointment of a 9 receiver, against the Topanga Canyon Property. 10 7. For an order authorizing Plaintiffs to levy execution on the Topanga Canyon 11 Property or the proceeds thereof. 12 8. For judgment against the Judgment Debtor Defendants, and each of them, as a 13 result of the fraudulent conduct described herein, for the value of the Topanga Canyon Property, 14 or the amount necessary to satisfy Plaintiffs’ claims. 15 9. For reasonable attorney’s fees in an amount to be proven at trial incurred as a 16 result of Defendants’ improper actions. 17 On the Second Cause of Action 18 1. Judgment Debtor’s January 10, 2019 fraudulent transfer from Judgment Debtor to 19 the xxxxx, Instrument No. 20210632894, should be declared null and void. 20 2. Judgment Debtor’s July 22, 2021 fraudulent transfer from Judgment Debtor to the 21 xxxxx, Instrument No. 20211158205, should be declared null and void. 22 3. That a temporary restraining order be granted to Plaintiffs enjoining and 23 restraining Defendants, and each of them, from disposing, selling, transferring, or conveying the 24 Topanga Canyon Property, or any other properties of the Judgment Debtor. 25 4. That the Judgment be declared a lien on the Topanga Canyon Property and/or any 26 other properties owned by Judgment Debtor and on the proceeds of any further transfers of such 27 properties. 28 5. That Defendants who have received assets and property from Judgment Debtor 18 COMPLAINT 1 are declared to hold all such assets and property as constructive trustees for Plaintiffs’ benefit. 2 6. For an attachment or other provisional remedy, including appointment of a 3 receiver, against the Topanga Canyon Property. 4 7. For an order authorizing Plaintiffs to levy execution on the Topanga Canyon 5 Property or the proceeds thereof. 6 8. For judgment against the Defendants, and each of them, as a result of the 7 fraudulent conduct described herein, for the value of the Topanga Canyon Property, or the 8 amount necessary to satisfy Plaintiffs’ claims. 9 9. For reasonable attorney’s fees in an amount to be proven at trial incurred as a 10 result of Defendants’ improper actions. 11 10. For exemplary and punitive damages in an amount to be determined at trial. 12 On the Third Cause of Action 13 1. For general and special damages in an amount to be determined at trial, but not 14 less than $90,914.01, plus post-judgment interest of at least $13,475.17. 15 2. For exemplary and punitive damages in an amount to be determined at trial. 16 On the Fourth Cause of Action 17 1. That Judgment Debtor Defendants deliver the Grant Deeds immediately to the 18 clerk of the court for cancellation. 19 2. For damages, in the event that Judgment Debtor Defendants fail to surrender the 20 Grant Deeds for cancellation pursuant to the judgment, in a sum not less than $90,914.01, plus 21 post-judgment interest of at least $13,475.17 as compensation in lieu of cancellation. 22 3. For reasonable attorney’s fees in an amount to be proven at trial incurred as a 23 result of Defendants’ improper actions. 24 4. For exemplary and punitive damages in an amount to be determined at trial. 25 On the Fifth Cause of Action 26 1. That Judgment Debtor is the owner in fee simple of the Topanga Canyon 27 Property. 28 2. That the TJM Defendants have a security interest in the Topanga Canyon Property 19 COMPLAINT 1 superior to Plaintiffs’ interest, pursuant to the Grant Deed recorded July 28, 2021. (Exhibit F) 2 3. That Plaintiffs have a security interest in the Topanga Canyon Property, pursuant 3 to the Abstract of Judgment entered September 15, 2022 (Exhibit H), and that no Defendant or 4 unknown third party has any interest in the property superior to Plaintiffs with the exception of 5 the aforementioned security interest of the TJM Defendants. 6 4. That the Welsh Defendants have a security interest in the Topanga Canyon 7 Property inferior to Plaintiffs’ security interest, pursuant to the Grant Deed recorded December 8 4, 2023. (Exhibit K.) 9 On the Sixth Cause of Action 10 1. That the xxxxx and/or the LLC are the alter egos of Judgment Debtor and that 11 Plaintiffs may recover the debt owed by Judgment Debtor from the xxxxx and/or the LLC. 12 On All Causes of Action 13 1. For the costs of the suit herein incurred; 14 2. For pre-judgment interest; 15 3. Reasonable attorney’s fees as allowed by law; and 16 4. For such other and further relief as the Court may deem proper. 17 DATED: February 23, 2024 REUBEN RAUCHER & BLUM 18 19 20 By: Stephen L. Raucher 21 Attorneys for Plaintiffs Marcelo Cantu and Mauricio Cantu 22 23 24 25 26 27 28 20 COMPLAINT 1 VERIFICATION 2 I, Mauricio Cantu, am a Plaintiff in my individual capacity in the above-entitled action. I 3 have read the foregoing Complaint and know the contents thereof. The same is true of my own 4 knowledge, except as to those matters which are alleged on information and belief, and as to 5 those matters, I believe it to be true. 6 7 I declare under penalty of perjury under the laws of the State of California that the 8 foregoing is true and correct. 9 10 11 By: 12 Mauricio Cantu 13 14 Date: 02/23/24 15 16 17 18 19 20 21 22