Wyzard

In this case we hold that an encumbrance by a debtor to an attorney, made for value in the form of an antecedent obligation for legal services, is not fraudulent as to another creditor, under applicable provisions of the Uniform Fraudulent Transfer Act (Civ. Code, § 3439 et seq.; the Act), and that this is true even though the transfer was a preference that resulted in the debtor being unable to satisfy debts of other creditors.

Factual and Procedural Summary

Kenneth A. Wyzard appeals from a judgment in favor of Nathan Goller, an attorney. The judgment was rendered following Mr. Goller’s successful prosecution of a motion for summary judgment. The motion was made and heard in 1992, before the effective date of significant amendments to the summary judgment law enacted that year. We therefore review the propriety of the motion granting summary judgment under the provisions of the prior law, which was then in force. (See Montrose Chemical Corp. v. Superior Court (1993) 6 Cal.4th 287, 301, fn. 4 [ 24 Cal.Rptr.2d 467 , 861 P.2d 1153 ].)

The statute, Code of Civil Procedure former section 437c, and case law construing it, firmly established that summary judgment was to be…