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3439.08.
(a) A transfer or obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.04, against a person that took in good faith and for a reasonably equivalent value given the debtor or against any subsequent transferee or obligee.
(b) To the extent a transfer is avoidable in an action by a creditor under paragraph (1)
of subdivision (a) of Section 3439.07, the following rules apply:(1) Except as otherwise provided in this section, the creditor may recover judgment for the value of the asset transferred, as adjusted under subdivision (c), or the amount necessary to satisfy the creditor’s claim, whichever is less. The judgment may be entered against the following:
(A) The first transferee of the asset or the person for whose benefit the transfer was made.
(B) An immediate or mediate transferee of the first transferee, other than either of the following:
(i) A good faith transferee that took for value.
(ii) An immediate or mediate good faith transferee of a person described in clause (i).
(2) Recovery pursuant to paragraph (1) of subdivision (a), or subdivision (b), or subdivision (c) of Section 3439.07 of or from the asset transferred or its proceeds, or other property of the transferee, as applicable, by levy or otherwise, is available only against a person described in subparagraph (A) or (B) of paragraph (1).
(c) If the judgment under subdivision (b) is based upon the value of the asset transferred, the judgment shall be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.
(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to the following:
(1) A lien on or a right to retain an interest in the asset transferred.
(2) Enforcement of an obligation incurred.
(3) A reduction in the amount of the liability on the judgment.
(e) A transfer is not voidable under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05 if the transfer results from either of the following:
(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law.
(2) Enforcement of a lien in a noncollusive manner and in compliance with applicable law, including Division 9 (commencing with Section 9101) of the Commercial Code, other
than a retention of collateral under Sections 9620 and 9621 of the Commercial Code and other than a voluntary transfer of the collateral by the debtor to the lienor in satisfaction of all or part of the secured obligation.(f) The following rules determine the burden of proving matters referred to in this section:
(1) A party that seeks to invoke subdivision (a), (d), or (e) has the burden of proving the applicability of that subdivision.
(2) Except as otherwise provided in paragraph (3) or (4), the creditor has the burden of proving each applicable element of subdivision (b) or (c).
(3) The transferee has the burden of proving the applicability to the transferee of subparagraph (B) of paragraph (1) of subdivision (b).
(4) A party that seeks adjustment under subdivision (c) has the burden of proving the adjustment.
(g) The standard of proof required to establish matters referred to in this section is preponderance of the evidence.
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)
RESTAURANTS INTERNATIONAL, INC. A CORPORATION ET AL VS. NANCY MAR ET AL
CGC08472382
Dec 30, 2009
San Francisco County, CA
Civil Code section 3439.08(a). Moving party to give notice.
MW PROPERTIES VS MULTI HOUSING
56-2017-00496386-CU-CO-VTA
Aug 30, 2021
Ventura County, CA
Civil Code section 3439.08 subdivision (f)(1) expressly states: (f) The following rules determine the burden of proving matters referred to in this section: (1) A party that seeks to invoke subdivision (a)& has the burden of proving the applicability of that subdivision. CACI No. 4207 refers to the good faith determination under Civil Code section 3439.08(a), (f)(1) as Affirmative DefenseGood Faith.
CATHAY BANK VS EDWARD Y. KIM, ET AL.
22GDCV00297
Aug 26, 2022
Los Angeles County, CA
TENTATIVE RULING: Plaintiff Poser Investments, Inc.’s Motion for Summary Judgment is granted as to its First Amended Complaint’s only remaining cause of action for money judgment under Civil Code section 3439.08(b)(1)(A). Background Plaintiff Poser Investments, Inc. (“Plaintiff”) alleges it obtained a judgment against Elisa Hernandez (“Elisa”) (dismissed as a defendant on February 3, 2017) in 2009 but that she made no payments on the judgment.
POSER INVESTMENTS INC VS HERNANDEZ, VERONICA
15K04995
Oct 17, 2017
Elaine Lu or Yolanda Orozco
Los Angeles County, CA
Code, § 3439.07 provides that “(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain . . . (3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, the following . . . (B) Appointment of a receiver to take charge of the asset transferred or other property of the transferee.” (Emphasis added). Code Civ.
HASSO VS. TOW
30-2009-00124141
Jan 11, 2021
Orange County, CA
Feb 21, 2008
Dismissal
San Francisco County
San Francisco County, CA
QUIET TITLE - REAL PROPERTY
Property
Quiet Title
Jul 20, 2022
Bankruptcy
Superior
San Mateo County, CA
Apr 27, 2015
Dismissal
Los Angeles County
Los Angeles County, CA
FRAUD (Limited Jurisdiction)
Torts
Economic Torts
Sep 18, 2018
Want of Prosecution
Burbank Courthouse
Los Angeles County, CA
Fraud (no contract) (General Jurisdiction)
Commercial
Breach of Contract
1 LEWIS BRISBOIS BISGAARD & SMITH LLP MICHAEL K. JOHNSON, SB# 130193 2 E-Mail: Michael.Johnson@lewisbrisbois.com ELECTRONICALLY 2185 North California Boulevard, Suite 300 3 Walnut Creek, CA 94549-2872 F I L E D …
Niceforo Luceno Avila Jr. (SBN 297964) 478 E Santa Clara St, Ste 234 San Jose, CA 95112 ELECTRONICA Phone: (669) 800-9035 FILED Email: nicavilajrp@gmail.com Superior Court of Cati County of San Franci: Attorney for Plaintiff BENITA CHIU 02/07/20 Clerk of the Col BY: VANESSA WU SUPERIOR COURT OF THE STATE OF CALIFORNIA Deputy| COUNTY OF SAN FRANCISCO BENITA CHIU, an individual, Case No.: CGC-19-573612 Plaintiff, MEMORANDUM IN SUPPORT OF EX v. PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER…
San Francisco County, CA
Feb 07, 2019
QUIET TITLE - REAL PROPERTY
ELECTRONICALLY FILED Niceforo Luceno Avila Jr. (SBN 297964) ‘Superior Court of Catifornia, 478 E Santa Clara St, Ste 234 County of San Francisco San Jose, CA 95112 02/11/2019 Phone: (669) 800-9035 ee Email: nicavilajrp@gmail.com Deputy Clerk Attorney for Plaintiff BENITA CHIU SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO BENITA CHIU, an individual, Case No.: CGC-19-573612 Plaintiff, MEMORANDUM IN SUPPORT OF EX v. PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER CHARLES …
San Francisco County, CA
Feb 11, 2019
QUIET TITLE - REAL PROPERTY
JOHN H. BLAKE(70187) HANNIGLAW FIRM LLP 2991 El Camino Real Redwood Telephone: City, California 94061 (650) 482-3040 FIX …
i ' a C 39,501/mom "I "4 C Q A l ' ’ l 1 Richard Hudson Share (SBN 035202) …
Los Angeles County, CA
Aug 15, 2016
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