California Court of Appeal

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LOW v. LAN, G023366

The statute of limitations for a post-insolvency action to recover money paid to a creditor of the insolvent company within four months of the liquidation filing, known as a "preference action" under section 1034 of the Insurance Code, is three years, and starts to run when the liquidation petition is filed.

Appellate Information

  • Decided 03/21/2002
  • Published 03/21/2002

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Daniel E. Lungren and Bill Lockyer, Attorneys General, David S. Chaney, Thomas G. Heller and Joseph M. O'Heron, Deputy Attorneys General, for Plaintiff and Appellant.

  • For Appellees:
  • Callahan & Blaine and Jim P. Mahacek, Santa Ana, for Defendant and Respondent.
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