As we all know by now, this case involves the alleged failure to repay loans/investments in the originating amount of $189,000. Before the Court this day is a demurrer by co-defendant Gene Kinum (individually and on behalf of his personal trust) attacking the two causes of action aimed at him (12th COA for fraudulent conveyance and 18th COA for unfair business practices).
On 05/12/14, Hon. William Claster entered a default judgment against WeCosign, Inc. and WeCosign Services, Inc. Those judgments became part of a bankruptcy estate. See 8:14-bk-13999.
On 02/22/16, Hon. Gregory Lewis sustained Kinum’s demurrer to the original fraudulent conveyance complaint, observing that the underlying debt upon which the claim rested (default judgment against Frank) had been vacated.
On 08/29/16, Judge Lewis again sustained Kinum’s demurrer to the operative pleading, observing that the underlying bankruptcy court judgment upon which the debt rested had been vacated.
On 03/30/17, this Court sustained