Annod Corp. v. Hamilton & Samuels

Plaintiff landlord sued the individual partners in a defunct law firm for rent due and owing under a commercial lease. The landlord sought damages for fraudulent conveyance, asserting the partners had drained the law firm of its assets by taking partnership draws instead of paying rent. The partners collectively filed three motions for summary judgment, each of which was granted. The landlord appeals from the subsequently entered summary judgment in favor of the partners. It contends summary judgment was improper because there were triable issues of material fact as to whether the monetary transfers were made in good faith and for reasonably equivalent value. We disagree and affirm.

I

Facts

The Hamilton & Samuels law firm, a general partnership, leased office space in Newport Beach from Annod Corporation, as trustee of the Bayview Trust (Annod). The law firm ran into financial trouble and stopped making lease payments in September 1995. In November 1995, Annod filed suit against the law firm, in Annod Corp. v. Hamilton & Samuels, Orange County Superior Court, case No. 755182. Hamilton & Samuels dissolved in January 1996. In 1997, Annod obtained a judgment against…