Brodsky
TMCO, Ltd v. Brodsky
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TMCO, LTD, Case No. 20-cv-09300-AGT
Plaintiff,
ORDER DENYING DEFENDANTS’
v. MOTION FOR SUMMARY
JUDGMENT
MIKHAIL BRODSKY, et al., Re: Dkt. No. 79 Defendants.
12 Defendants’ motion for summary judgment is denied. As discussed during the February 3, 2023, hearing, genuine issues of material fact exist as to: 1. whether Alex Feerer transferred the Lombard property to Mikhail and Tatyana Brodsky with the “actual intent to hinder, delay, or defraud” TMCO in its judgment collection efforts, see Cal. Civ. Code § 3439.04(a)(1); 2. whether the Brodskys took the Lombard property from Feerer “in good faith,” see Cal. Civ. Code § 3439.08(a); Nautilus, Inc. v. Yang, 11 Cal. App. 5th 33, 37 (2017) (holding that “a transferee cannot benefit from the good faith defense if that transferee had fraudulent intent, colluded with a person who was engaged in the fraudulent conveyance, actively…