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.