United States v. Elwyn Dubey

MEMORANDUM

Elwyn S. and Jeannine M. Dubey (the “Dubeys”) appeal pro se from the district court’s summary judgment in the government’s action to foreclose on four parcels of property in California to satisfy tax and judgment liens for unpaid federal taxes. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Rene v. MGM Grand Hotel, Inc., 305 F.3d 1061, 1064 (9th Cir.2002) (en banc), and we affirm.

The district court properly granted summary judgment because the Dubeys failed to raise a genuine dispute of material fact as to whether their transfer of four properties to a purported trust after their tax liabilities arose was not a fraudulent conveyance under California law. See Cal. Civ.Code § 3439.05 (transfer is fraudulent as to a creditor whose claim arose beforehand if there was no reasonably equivalent value for transfer, and the debtor was insolvent or became insolvent after the transfer).

The district court did not abuse its discretion in denying the Dubeys’ motion to dismiss the action for failure to join as necessary parties the trustee of the Du-beys’ purported trust and the Dubeys’ children as beneficiaries of the trust. First, the Dubeys lacked standing to…