Monastra

In this case of first impression, we are called upon to determine whether compliance with the notice requirements of California’s Bulk Sales Act (Cal. U. Com. Code, § 6101 et seq.; formerly the Bulk Transfer Act) insulates a bulk sale from attack under the Fraudulent Transfer Act and Civil Code section 3440, even if the transfer is one of those fraudulent or constructively fraudulent transfers proscribed in the latter statutes. We answer the question in the negative.

Nicholas Monastra appeals from a summary judgment entered against him and in favor of two of the eight named defendants in Monastra’s action to set aside fraudulent transfers and establish a constructive trust and for damages for fraud and conspiracy. Monastra brought suit on these claims against Master Technology, Inc. (hereafter, Master Technology), John Gorden and Linda L. Gorden (hereafter, collectively, Gorden), Konica Business Machines, U.S.A., Inc. (Konica), Digitec Office Products, Inc. (Digitec), Earl D. McCool, Humberto Gutierrez and Stacy Gutierrez. Master Technology and Gorden are judgment debtors of Monastra under a judgment rendered in a previous lawsuit; Konica, Digitec, McCool, and the…