California Court of Appeal

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Oiye v. Fox, H036065

In plaintiff's tort action alleging that defendant had repeatedly sexually molested her from the age of 12, trial court's grant of a preliminary injunction prohibiting defendant from concealing, encumbering, impairing the value, transferring, or disposing of any of his assets except in the usual course of business or for the necessities of life, and an order sealing a declaration and its exhibits filed by defense counsel in opposition to the request for a preliminary injunction, are affirmed where: 1) the timing of defendant's conveyance of his personal residence to a trust after he was arrested on charges of molestation was sufficient evidence of potential injury to plaintiff to warrant a preliminary injunction under the UFTA restricting defendant's further disposition of his assets; 2) defendant has failed to establish that the trial court abused its discretion in issuing the preliminary injunction; 3) defendant has not demonstrated an abuse of discretion in ordering plaintiff to post an undertaking amount of $1,000; and 4) plaintiff's evidentiary showing was adequate to justify the sealing order.

Appellate Information

  • Decided 12/11/2012
  • Published 12/11/2012

Judges

  • Rushing

Court

  • California Court of Appeal

Counsel