Deas

Deas v. Knapp

Good Law
129 Cal. App. 3d 443·181 Cal. Rptr. 76·1982 Cal. App. LEXIS 1336
Court of Appeal of CaliforniaMarch 4, 1982Civ. 48211California2,198 words

Opinion

Opinion

Elkington, J.

Plaintiff Charles M. Deas, claiming to be a creditor of defendant real estate broker, Charles H. Knapp, on behalf - of himself and others similarly situated, commenced an action to set aside several conveyances of real property from defendant Charles H. Knapp to his son, defendant Keith C. Knapp, on the ground that they “were made with the intent to hinder, delay or defraud creditors” of defendant Charles H. Knapp. Judgment was thereafter entered in favor of Deas (plaintiff) and those whom he represented (class plaintiffs) and the conveyances were declared “annulled and set aside.”

Defendant Charles H. Knapp has appealed from the judgment. Defendant Keith C. Knapp has not so appealed.

Defendant Charles H. Knapp (hereafter appellant), as we interpret his appellate contentions, makes three principal arguments.

The first is that as to the instant fraudulent conveyance action “the Supreme Court in [Deas v. Knapp (1981) 29 Cal.3d 69 ( 171 Cal.Rptr. 823 , 623 P.2d 775 )] ruled that appellant could relitigate the basis of the underlying judgment” upon which the class plaintiffs’ claims to be his creditors was based, something that the trial court of the fraudulent conveyance…

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