Sturm

Sturm v. Moyer

Good Law
243 Cal. Rptr. 3d 556·32 Cal. App. 5th 299
Court of Appeal of CaliforniaFebruary 15, 2019B284553California5,794 words

Opinion

Lead Opinion

Willhite, J.

*303 The question presented in this case is one of first impression: Assuming fraudulent intent, can the Uniform Voidable Transactions Act ( Civ. Code, § 3439 et seq., formerly known as the Uniform Fraudulent Transfer Act, or UFTA) 1 apply to a premarital agreement in which the prospective spouses agree that upon marriage each spouse's earnings, income, and other property acquired during marriage will be that spouse's separate property? After examining the language of the relevant statutes, the legislative history, and public policy considerations, we conclude that it can.

BACKGROUND

Our discussion of the background facts is based upon the allegations of the *559 first amended complaint. Because this appeal is taken from a judgment of dismissal following the sustaining of a demurrer, we treat those alleged facts as true for the purposes of this appeal. ( Thaler v. Household Finance Corp. (2000) 80 Cal.App.4th 1093 , 1098, 95 Cal.Rptr.2d 779 .) *304 In July 2005, Robert Sturm, plaintiff in this action, obtained a $ 600,000 judgment in bankruptcy court against Todd Moyer. The judgment, which is not dischargeable in bankruptcy, was renewed in January 2015. Following the original…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.