Green Century Development v. Yuan CA2/5

FACTS AND PROCEDURAL BACKGROUND1

Dissolution Proceedings

Yuan and respondent Noriko Komiyama were married on February 6, 1993. Janetech Group, Inc., was incorporated in California on March 26, 1993. Yuan was listed as Janetech’s agent for service of process at an address in Walnut, California. Yuan and Komiyama held title to the Walnut property as joint tenants. However, in August 1997, Yuan and Komiyama filed a joint petition for dissolution of marriage stating there were no community assets or liabilities and neither party had any interest in real property. A dissolution judgment was granted on March 2, 1998. In September 2006, plaintiff Green Century Development, LLC executed a promissory note in the amount of $252,000 secured by a deed of trust in favor of Janetech. Payment was due on November 11, 2009. On June 11, 2007, Komiyama filed a motion to set aside the dissolution judgment except as to dissolution of status. The motion was based on evidence of the grant deed to the Walnut property, records from the California Secretary of State’s Office, and a grant deed showing Janetech held an undivided 68 percent interest in real property in Imperial County. The trial court…