Bucurenciu

Filip v. Bucurenciu

Good Law
129 Cal. App. 4th 825·2005 Cal. App. LEXIS 841·2005 Daily Journal DAR 6030·28 Cal. Rptr. 3d 884·2005 Cal. Daily Op. Serv. 4418
Court of Appeal of CaliforniaMay 24, 2005C046460California4,477 words

Opinion

Opinion

Hull, J.

The Uniform Fraudulent Transfer Act (UFTA), codified in Civil Code section 3439 et seq., “permits defrauded creditors to reach property in the hands of a transferee.” (Mejia v. Reed (2003) 31 Cal.4th 657, 663 [ 3 Cal.Rptr.3d 390 , 74 P.3d 166 ]; unspecified statutory references that follow are to the Civil Code.) In this case, the court concluded that Marioara (also known as Mary) Bucurenciu and her daughter Roxanne conspired with Mary’s former husband Petra (also known as Peter) Bucurenciu to transfer property to prevent plaintiff from collecting on a judgment owed by Peter. Part of this scheme involved transferring property to Loomis Land, Inc. (LLI), a business in which Mary and Roxanne were the sole shareholders. In their appeal from a judgment in favor of plaintiff, defendants Mary and LLI challenge the basis for liability under the UFTA and raise related issues. In the published portion of this opinion, we conclude that the UFTA applies to property transactions associated with a marital dissolution and property settlement agreement. We affirm the judgment.

UFTA Provisions

A very brief overview of the UFTA is in order before we set forth the facts of this case.

A…

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