Uecker
Uecker v. Montgomery (In re Mortgage Fund '08 LLC)
Opinion
Lead Opinion
Efremsky, J.
MEMORANDUM DECISION RE MOTIONS FOR SUMMARY JUDGMENT
I. Introduction
Before the court are cross-motions for summary judgment by plaintiff Susan L. Uecker, the liquidating trustee appointed under the confirmed plan of Mortgage Fund ’08 LLC (the “Trustee” and “MF08”), and defendant Robert L. Montgomery. This matter has been fully briefed and argued.
*469 The Trustee moves for summary judgment on the California Civil Code § 3439.04(a) constructive fraudulent transfer claim in her first amended complaint. Montgomery moves for summary judgment on the affirmative defenses asserted in his answer.
For the reasons explained below, the court grants summary adjudication for Montgomery on his affirmative defense regarding the effect of a release in a settlement agreement which effectively moots the remaining summary judgment issues.
II. Background
These motions require a review of certain events in MF08’s chapter 11 case and the chapter 11 case of its affiliate, RE Loans, LLC, which was filed in the Northern District of Texas (Case no. 11-35865-BJH) (“REL”).
The following facts are taken from the First Amended Complaint (the “FAC”) (Docket no. 30); Montgomery’s Answer to the FAC (Docket…