Indulkar

FACTS

The judgment before us arises out of respondents’ Code of Civil Procedure section 631.8 motions for judgment on the pleadings with respect to bifurcated issues. The parties submitted to the court what they termed a “Joint Statement of Undisputed

2 Facts” for the court’s consideration in evaluating the motions, in addition to each party’s offer of proof and exhibits. The “Joint Statement of Undisputed Facts” contained two lists of facts, one proffered by each party. They were characterized as “undisputed” only for the purposes of the motions, and were intended to be subject to proof should a trial follow. The following facts are taken from appellant’s proffered statement of undisputed facts. Anil Indulkar and his wife, Gouri, engaged in certain business ventures with Vinod and Veena Kaura.1 Those included at least three real property ventures, two of which were in California. At one point, an apartment complex known as Mollison Elms, located in El Cajon, was purchased. Because they had trouble making the debt payments on the Mollison Elms property, the parties decided to transfer their respective interests in the property to Anil Indulkar’s pension plan. As part of the…