Gary Kremen v. Michael Cohen

MEMORANDUM

Plaintiff-Appellant Gary Kremen filed suit against Defendants-Appellees Michael Cohen (M.Cohen) and FNBPay Corporation (FNBPay), alleging four causes of action for fraud. Kremen claims that Stephen Cohen (S. Cohen) transferred money to M. Cohen in violation of the California Fraudulent Transfer Act (CUFTA), Cal. Civil Code § 3439.04 , and California common law. The district court granted summary judgment to M. Cohen, and we affirm the decision of the district court.

1. Kremen’s notice of appeal was timely. After granting defendants’ motion for summary judgment, the court did not enter a separate judgment, as required by Federal Rule of Civil Procedure 58. For that reason, the judgment became final 150 days after the district court issued its summary judgment order. See Fed.R.Civ.P. 58(c)(2)(B); Fed R.App. P. 4(a)(7)(A)(ii); Stephanie-Cardona LLC v. Smith’s Food & Drug Ctrs., Inc., 476 F.3d 701, 703-04 (9th Cir.2007). Kremen’s notice of appeal, which he filed 149 days after entry of the summary judgment order, was timely.

2. The district court properly granted summary judgment to M. Cohen on Kre-men’s CUFTA 'claims because the fraudulent acts alleged by Kremen either…