MOTION FOR SUMMARY JUDGMENT
Set for hearing on Wednesday, December 30, 2009, line 5, DEFENDANTS NANCY MAR, 1660 SACRAMENTO STREET ASSOCIATES, LLC MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION. Motion denied for first, second, and third causes of action, failure to shift burden of proof. The applicable statutes of limitations for the first and second causes of action were not raised as affirmative defenses and are waived. Motion denied as to third cause of action because motion denied as to second cause of action. Motion denied as to the fourth cause of action. Claim against Goodwin is barred by Anderson vs. Anderson (1995) 41 Cal.App. 4th 135, and Probate Code section 9353. However, Civil Code section 3439.08(b)(1) appears to allow suit against transferee of the fraudulent conveyance. Unclear whether Laidley vs. Heigho (1963) 326 F.2d 592 addresses the statutory scheme that is currently in place. =(302/CWW)
Hearing Date
December 30, 2009
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MOTION FOR SUMMARY JUDGMENT
Set for hearing on Wednesday, December 30, 2009, line 5, DEFENDANTS NANCY MAR, 1660 SACRAMENTO STREET ASSOCIATES, LLC MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION. Motion denied for first, second, and third causes of action, failure to shift burden of proof. The applicable statutes of limitations for the first and second causes of action were not raised as affirmative defenses and are waived. Motion denied as to third cause of action because motion denied as to second cause of action. Motion denied as to the fourth cause of action. Claim against Goodwin is barred by Anderson vs. Anderson (1995) 41 Cal.App. 4th 135, and Probate Code section 9353. However, Civil Code section 3439.08(b)(1) appears to allow suit against transferee of the fraudulent conveyance. Unclear whether Laidley vs. Heigho (1963) 326 F.2d 592 addresses the statutory scheme that is currently in place. =(302/CWW)