Clements v. Pasadena Finance Company

376 F.2d 1005 Richard R. CLEMENTS, Trustee in Bankruptcy of the Estate of Jesse E. Caton, dba Caton Production Machines, Appellant, v. PASADENA FINANCE COMPANY, a California corporation, et al., Appellees. No. 21002. United States Court of Appeals Ninth Circuit. April 7, 1967. 1 Richard M. Moneymaker, William J. Tiernan, Los Angeles, Cal., for appellant. 2 James A. McLaughlin, McLaughlin & McLaughlin, Los Angeles, Cal., for appellees. 3 Before HAMLEY and DUNIWAY, Circuit Judges, and COPPLE, District judge. COPPLE, District Judge: 4 This is an appeal from a summary judgment of the District Court in favor of the defendant below and against the plaintiff, Trustee in Bankruptcy. Plaintiff has appealed. 5 The sole question for review is whether or not there was sufficient compliance with the requirements of California Civil Code Section 3440(h), which reads in pertinent part as follows: 6 '3340. Transfers and liens without delivery Conclusive presumption of fraud 7 Every transfer of personal property and every lien on personal property made by a person having at the time the possession or control of the property, and not accompanied by an immediate delivery followed by an actual…