California Court of Appeal

In a case involving property on which plaintiff was about to file an abstract of judgment as a lien against, and which defendant then deeded to defendant-co-owner, a ruling refusing to set aside the transfer is affirmed in part, and reversed in part and remanded where: 1) the trial court was correct in concluding that the plaintiff was not entitled to relief under the Uniform Fraudulent Transfer Act; but 2) the court erred in concluding that plaintiff could not maintain a resulting trust cause of action, and it must determine whether transferee holds defendant's one-half interest in the property as a resulting trust for the benefit of defendant (in which case the lien would attach to the equitable interest).

Appellate Information

• Decided 11/24/2009
• Published 11/24/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Campagne, Campagne & Lerner, Justin T. Campagne, Fresno, and Wiley R. Driskill, for Plaintiff and Appellant.


• For Appellees:
  
• Felger & Associates, Warren P. Felger and Jennifer D. Reisz, for Defendants and Respondents.