Pga W. Residential Ass'n, Inc. v. Hulven Int'l, Inc.

McKINSTER J.

*162 I.

INTRODUCTION

In its lawsuit against Hulven International, Inc. (Hulven) and various other defendants, PGA West Residential Association, Inc. (PGA West) alleged defendant Dempsey Mork 1 tried to fraudulently insulate *360 the equity in his condominium from creditors by naming Hulven, a sham corporation entirely owned and controlled by Mork, as the beneficiary of a deed of trust and note, and by later directing Hulven to foreclose on the condominium. Hulven demurred to the complaint, arguing PGA West's lawsuit was barred by the seven-year limitations period for actions under the former Uniform Fraudulent Transfer Act. 2 (UFTA or the act; § 3439 et seq.) The superior court overruled the demurrer and, after conducting a bench trial, entered judgment for PGA West. *163 In this appeal, Hulven contends the superior court erred by overruling its demurrer. According to Hulven, the allegedly fraudulent activities by Mork and Hulven were a "transfer" for purposes of the UFTA and, therefore, this lawsuit was governed by that act and its seven-year limitations period. Because PGA West filed its lawsuit more than seven years after the alleged fraudulent transfer, Hulven…