Headen

Headen v. Miller

Good Law
141 Cal. App. 3d 169·190 Cal. Rptr. 198·1983 Cal. App. LEXIS 1521
Court of Appeal of CaliforniaMarch 24, 1983Civ. 20979California3,938 words

Opinion

Opinion

Carr, J.

In this appeal from a judgment of dismissal entered after the trial court sustained without leave to amend demurrers by defendant Ethel I. Miller to all 17 causes of action alleged in the complaint, the parties, by admission and briefing have limited the appeal to the 10th, 11th, 12th and 13th causes of action. Stripped to the essentials, these causes of action allege that a fraudulent conveyance, void as to plaintiff creditors, occurred when defendant Miller’s now deceased husband changed the beneficiary on certain insurance policies on his life from his partner in their real estate business to his wife, defendant herein, a few months prior to his death. Plaintiffs, creditors of the partnership, seek to satisfy their claims from such insurance proceeds.

A demurrer admits all material and issuable facts properly pleaded. (Daar v. Yellow Cab Co. (1967) 67 Cal.2d 695, 713 [ 63 Cal.Rptr. 724 , 433 P.2d 732 ].) The facts, as alleged in the complaint, are that Ben Miller and Tom Oden were partners in a real estate venture known as Pioneer Realty Company (Pioneer). The plaintiff Wongs loaned Miller as an agent of Pioneer $180,700 and the Headens assigned him as an agent of…

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