MacEdo
MacEdo v. Bosio
Opinion
Opinion
Haerle, J.
I. Introduction
This is an action, originally filed in Humboldt County and then transferred to San Francisco, to set aside certain Stanislaus County real property conveyances as fraudulent. The superior court sustained a demurrer to appellant’s amended complaint without leave to amend. The basis of its ruling was that the suit was barred by the applicable statute of limitations. We reverse.
II. Factual and Procedural Background
In September 1986, both appellant Loretta Macedo (hereafter appellant) and respondent Richard J. Bosio (hereafter Bosio) were named as defendants in a Humboldt County breach of contract action; that action (Redwood Empire Aggregates v. Macedo (Super. Ct. Humboldt County, 1992, No. 78250)) (action No. 78250) claimed that both were indebted to the several plaintiffs in an amount in excess of $500,000. In June 1992, judgment was entered in that action in favor of two of the plaintiffs and against appellant and Bosio in an amount in excess of $173,000, plus prejudgment interest from 1985. The judgment also required Bosio to pay in excess of $19,000 to certain other plaintiffs.