California Fraudulent Transfers

3439.04.

(a) A transfer made or obligation incurred by a debtor is fraudulent as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation as follows:

(1) With actual intent to hinder, delay, or defraud any creditor of the debtor.

(2) Without receiving a reasonably equivalent value in exchange for the transfer or obligation, and the debtor either:

(A) Was engaged or was about to engage in a business or a transaction for which the remaining assets of the debtor were unreasonably small in relation to the business or transaction.

(B) Intended to incur, or believed or reasonably should have believed that he or she would incur, debts beyond his or her ability to pay as they became due.

(b) In determining actual intent under paragraph (1) of subdivision (a), consideration may be given, among other factors, to any or all of the following:

(1) Whether the transfer or obligation was to an insider.

(2) Whether the debtor retained possession or control of the property transferred after the transfer.

(3) Whether the transfer or obligation was disclosed or concealed.

(4) Whether before the transfer was made or obligation was incurred, the debtor had been sued or threatened with suit.

(5) Whether the transfer was of substantially all the debtor's assets.

(6) Whether the debtor absconded.

(7) Whether the debtor removed or concealed assets.

(8) Whether the value of the consideration received by the debtor was reasonably equivalent to the value of the asset transferred or the amount of the obligation incurred.

(9) Whether the debtor was insolvent or became insolvent shortly after the transfer was made or the obligation was incurred.

(10) Whether the transfer occurred shortly before or shortly after a substantial debt was incurred.

(11) Whether the debtor transferred the essential assets of the business to a lienholder who transferred the assets to an insider of the debtor.

(c) The amendment to this section made during the 2004 portion of the 2003-04 Regular Session of the Legislature, set forth in subdivision (b), does not constitute a change in, but is declaratory of, existing law, and is not intended to affect any judicial decisions that have interpreted this chapter.

3439.05.

A transfer made or obligation incurred by a debtor is fraudulent as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

3439.06.

For the purposes of this chapter:

(a) A transfer is made:

(1) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a good faith purchaser of the asset from the debtor against whom applicable law permits the transfer to be perfected cannot acquire an interest in the asset that is superior to the interest of the transferee; and

(2) With respect to an asset that is not real property or that is a fixture, when the transfer is so far perfected that a creditor on a simple contract cannot acquire a judicial lien otherwise than under this chapter that is superior to the interest of the transferee.

(b) If applicable law permits the transfer to be perfected as provided in subdivision (a) and the transfer is not so perfected before the commencement of an action for relief under this chapter, the transfer is deemed made immediately before the commencement of the action.

(c) If applicable law does not permit the transfer to be perfected as provided in subdivision (a), the transfer is made when it becomes effective between the debtor and the transferee.

(d) A transfer is not made until the debtor has acquired rights in the asset transferred.

(e) An obligation is incurred:

(1) If oral, when it becomes effective between the parties; or

(2) If evidenced by a writing, when the writing executed by the obligor is delivered to or for the benefit of the obligee.

3439.07.

(a) In an action for relief against a transfer or obligation under this chapter, a creditor, subject to the limitations in Section 3439.08, may obtain:

(1) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim.

(2) An attachment or other provisional remedy against the asset transferred or its proceeds in accordance with the procedures described in Title 6.5 (commencing with Section 481.010) of Part 2 of the Code of Civil Procedure.

(3) Subject to applicable principles of equity and in accordance with applicable rules of civil procedure, the following:

(A) An injunction against further disposition by the debtor or a transferee, or both, of the asset transferred or its proceeds.

(B) Appointment of a receiver to take charge of the asset transferred or its proceeds.

(C) Any other relief the circumstances may require.

(b) If a creditor has commenced an action on a claim against the debtor, the creditor may attach the asset transferred or its proceeds if the remedy of attachment is available in the action under applicable law and the property is subject to attachment in the hands of the transferee under applicable law.

(c) If a creditor has obtained a judgment on a claim against the debtor, the creditor may levy execution on the asset transferred or its proceeds.

(d) A creditor who is an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, may exercise any and all of the rights and remedies specified in this section if they are available to any one or more creditors of the assignor who are beneficiaries of the assignment, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee.

3439.08.

(a) A transfer or an obligation is not voidable under paragraph (1) of subdivision (a) of Section 3439.04, against a person who took in good faith and for a reasonably equivalent value or against any subsequent transferee or obligee.

(b) Except as otherwise provided in this section, to the extent a transfer is voidable in an action by a creditor under paragraph (1) of subdivision (a) of Section 3439.07, the creditor may recover judgment for the value of the asset transferred, as adjusted under subdivision (c), or the amount necessary to satisfy the creditor's claim, whichever is less. The judgment may be entered against the following:

(1) The first transferee of the asset or the person for whose benefit the transfer was made.

(2) Any subsequent transferee other than a good faith transferee who took for value or from any subsequent transferee.

(c) If the judgment under subdivision (b) is based upon the value of the asset transferred, the judgment shall be for an amount equal to the value of the asset at the time of the transfer, subject to adjustment as the equities may require.

(d) Notwithstanding voidability of a transfer or an obligation under this chapter, a good faith transferee or obligee is entitled, to the extent of the value given the debtor for the transfer or obligation, to the following:

(1) A lien on or a right to retain any interest in the asset transferred.

(2) Enforcement of any obligation incurred.

(3) A reduction in the amount of the liability on the judgment.

(e) A transfer is not voidable under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05 if the transfer results from the following:

(1) Termination of a lease upon default by the debtor when the termination is pursuant to the lease and applicable law.

(2) Enforcement of a lien in a noncollusive manner and in compliance with applicable law, including Division 9 (commencing with Section 9101) of the Commercial Code, other than a retention of collateral under Sections 9620 and 9621 of the Commercial Code and other than a voluntary transfer of the collateral by the debtor to the lienor in satisfaction of all or part of the secured obligation.

3439.09.

A cause of action with respect to a fraudulent transfer or obligation under this chapter is extinguished unless action is brought pursuant to subdivision (a) of Section 3439.07 or levy made as provided in subdivision (b) or (c) of Section 3439.07:

(a) Under paragraph (1) of subdivision (a) of Section 3439.04, within four years after the transfer was made or the obligation was incurred or, if later, within one year after the transfer or obligation was or could reasonably have been discovered by the claimant.

(b) Under paragraph (2) of subdivision (a) of Section 3439.04 or Section 3439.05, within four years after the transfer was made or the obligation was incurred.

(c) Notwithstanding any other provision of law, a cause of action with respect to a fraudulent transfer or obligation is extinguished if no action is brought or levy made within seven years after the transfer was made or the obligation was incurred.

3439.10.

Unless displaced by the provisions of this chapter, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.

3439.11.

This chapter shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this chapter among states enacting it.

3439.12.

This chapter, and the other changes in the law made by Chapter 383 of the Statutes of 1986, apply only to transfers made or obligations incurred on or after January 1, 1987; and, as to transfers made or obligations incurred prior to that date, the law in effect at the time the transfer was made or the obligation was incurred shall apply. The provisions of this chapter, insofar as they are substantially the same as the provisions of Chapter 1 (commencing with Section 3439) of Title 2 of Part 2 of Division 4, which was repealed by Chapter 383 of the Statutes of 1986, shall be construed as restatements and continuations, and not as new enactments.

CIVIL CODE SECTION 3440-3440.9

Conveyance of Personal Property Without Delivery

3440.

(a) Except as otherwise provided in this chapter, every transfer of personal property made by a person having at the time the possession of the property, and not accompanied by an immediate delivery followed by an actual and continued change of possession of the property, is void as against the transferor's creditors (secured or unsecured) at the time of the transfer and those who become creditors while the transferor remains in possession and the successors in interest of those creditors, and as against buyers from the transferor for value in good faith subsequent to the transfer.

(b) As used in this chapter, "creditor" means a person who has a claim, as defined in Section 3439.01, and includes an assignee of a general assignment for the benefit of creditors, as defined in Section 493.010 of the Code of Civil Procedure, of a debtor. "Creditor" also includes any person to whom the transferor's estate devolves in trust for the benefit of persons other than the transferor. Any such assignee or trustee may exercise any and all the rights and remedies specified in this chapter, if they are available to any one or more creditors of the assignor or transferor who are beneficiaries of the assignment or trust, and, in that event (1) only to the extent the rights or remedies are so available and (2) only for the benefit of those creditors whose rights are asserted by the assignee or trustee.

3440.1.

This chapter does not apply to any of the following:

(a) Things in action.

(b) Ships or cargoes if either are at sea or in a foreign port.

(c) The sale of accounts, chattel paper, payment intangibles, or promissory notes governed by the Uniform Commercial Code, security interests, and contracts of bottomry or respondentia.

(d) Wines or brandies in the wineries, distilleries, or wine cellars of the makers or owners of the wines or brandies, or other persons having possession, care, and control of the wines or brandies, and the pipes, casks, and tanks in which the wines or brandies are contained, if the transfers are made in writing and executed and acknowledged, and if the transfers are recorded in the book of official records in the office of the county recorder of the county in which the wines, brandies, pipes, casks, and tanks are situated.

(e) A transfer or assignment made for the benefit of creditors generally or by any assignee acting under an assignment for the benefit of creditors generally.

(f) Property exempt from enforcement of a money judgment.

(g) Standing timber.

(h) Subject to the limitations in Section 3440.3, a transfer of personal property if all of the following conditions are satisfied:

(1) Prior to the date of the intended transfer, the transferor or the transferee files a financing statement, with respect to the property transferred, signed by the transferor. The financing statement shall be filed in the office of the Secretary of State in accordance with Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code, but may use the terms "transferor" in lieu of "debtor" and "transferee" in lieu of "secured party." The provisions of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code shall apply as appropriate to the financing statement.

(2) The transferor or the transferee publishes a notice of the intended transfer one time in a newspaper of general circulation published in the judicial district in which the personal property is located, if there is one, and if there is none in the judicial district, then in a newspaper of general circulation in the county embracing the judicial district. The publication shall be completed not less than 10 days before the date the transfer occurs. The notice shall contain the name and address of the transferor and transferee and a general statement of the character of the personal property intended to be transferred, and shall indicate the place where the personal property is located and a date on or after which the transfer is to be made.

(i) Personal property not located within this state at the time of the transfer or attachment of the lien if the provisions of this subdivision are not used for the purpose of evading this chapter.

(j) A transfer of property that (1) is subject to a statute or treaty of the United States or a statute of this state that provides for the registration of transfers of title or issuance of certificates of title and (2) is so far perfected under that statute or treaty that a bona fide purchaser cannot acquire an interest in the property transferred that is superior to the interest of the transferee.

(k) A transfer of personal property in connection with a transaction in which the property is immediately thereafter leased by the transferor from the transferee provided the transferee purchased the property for value and in good faith (subdivision (c) of Section 10308 of the Commercial Code).

(l) Transition property, as defined in Section 840 of the Public Utilities Code, or recovery property, as defined in Section 848 of the Public Utilities Code.

(m) A transfer of property by any governmental entity.

3440.2.

Subject to Section 3440.3, a transfer of personal property shall not be void under Section 3440 as against a creditor of the transferor or as against a buyer from the transferor, if the creditor' s or buyer's claim or right against the transferor arises after the date all of the requirements of subdivision (h) of Section 3440.1 have been met, other than the requirement that filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer.

3440.3.

A transfer of personal property, as to which the conditions set forth in subdivision (h) of Section 3440.1, Section 3440.2, or subdivision (b) of Section 3440.5 are satisfied, shall, nevertheless, be void under Section 3440 as against a person who has purchased the personal property from the transferor and who is a "buyer in the ordinary course of business," as defined in paragraph (9) of subdivision (b) of Section 1201 of the Commercial Code.

3440.4.

This chapter does not affect the rights of a buyer for value in good faith who purchases the transferred personal property from the transferee or from a successor in interest of the transferee, provided the transferor is no longer in possession of the personal property at the time of the purchase by that buyer.

3440.5.

(a) This chapter does not affect the rights of a secured party who, for value and in good faith, acquires a security interest in the transferred personal property from the transferee, or from the transferee's successor in interest, if the transferor is no longer in possession of the personal property at the time the security interest attaches.

(b) Additionally, except as provided in Section 3440.3, this chapter does not affect the rights of a secured party who acquires a security interest from the transferee, or from the transferee's successor in interest, in the personal property, if all of the following conditions are satisfied:

(1) On or before the date the security agreement is executed, the intended debtor or secured party files a financing statement with respect to the property transferred, signed by the intended debtor. The financing statement shall be filed in the office of the Secretary of State in accordance with Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code, but shall use the terms "transferor" in lieu of "debtor," "transferee" in lieu of "secured party," and "secured party" in lieu of "assignee of secured party." The provisions of Chapter 5 (commencing with Section 9501) of Division 9 of the Commercial Code shall apply as appropriate to such a statement. For the purpose of indexing, and in any certification of search, the Secretary of State may refer to any financing statement filed pursuant to this paragraph as a financing statement under the Commercial Code and may describe the transferor as a debtor and the transferee as a secured party.

Compliance with this paragraph shall, however, not perfect the security interest of the secured party. Perfection of such a security interest shall be governed by Division 9 (commencing with Section 9101) of the Commercial Code.

(2) The intended debtor or secured party publishes a notice of the transfer one time in a newspaper of general circulation published in the judicial district in which the personal property is located, if there is one, and if there is none in the judicial district, then in a newspaper of general circulation in the county embracing the judicial district. The publication shall be completed not less than 10 days before the date of execution by the intended debtor of the intended security agreement. The notice shall contain the names and addresses of the transferor and transferee and of the intended debtor and secured party, a general statement of the character of the personal property transferred and intended to be subject to the security interest, the location of the personal property, and the date on or after which the security agreement is to be executed by the intended debtor.

3440.6.

No action shall be brought or levy made under this chapter more than one year after the earliest of the following dates:

(a) The date the person bringing the action or making the levy should have discovered the transfer in the exercise of reasonable diligence.

(b) The date the person bringing the action or making the levy obtained actual knowledge of the transfer.

(c) The date the delivery of, and actual and continued change of possession of, the property transferred occurred.

(d) If the financing statement filed pursuant to subdivision (h) of Section 3440.1 has not lapsed, the date the filing and publication requirements of subdivision (h) of Section 3440.1 were met, other than the requirement that the filing of the financing statement and publication of the notice referred to therein be completed prior to the transfer.

3440.9.

Subdivision (2) of Section 2402 and subdivision (a) of Section 10308 of the Commercial Code are not restricted by the provisions of this chapter.

California Fraudulent Transfer Cases

Federal Circuit Court

• Charles E. Anderson v. Celeste Michaelson,
  No. 03-15979 (9th Cir. 03/25/2005)

• In re Beachport Entertainment
  No. 03-55251 (9th Cir. 02/03/2005)

• United States v. Real Property Located at
  5208 Los Franciscos Way, Los Angeles, California,
  No. 03-15396 (9th Cir. 10/01/2004)

• In re Robbins,
  No. CC-03-1344-JBMa (9th Cir. 05/10/2004)

• In re Steven H. Stearn, Debtor,
  No. 00-56431 (9th Cir. 10/07/2003)

  In re Steven H. Stearn, Debtor -- Order

Federal Bankruptcy Court

• In re Turner,
  335 B.R. 140 (Bkrpt. N.D.Cal. 12/05/2005)

State Appellate Court

• Cadle v. Corrigan
  2006 WL 1149340 (Cal.App. 4 Dist. 05/02/2006)

• Korea Data Systems (USA), Inc. v. Yu Chang CHIANG et al.,
  2006 WL 401288 (Cal.App. 4 Dist. 02/21/2006)

• Albert O. Lissoy v. Joe H. Leach,
  No. A197027 (Cal.Super.Ct. 5/10/2006)

• Miller Avenue Professional and Promotional Services Inc.
  v. Charles A. Koss, et al.,
  No. A105874 (Cal.App. 10/27/2005)

• Lynn A. Devine v. Jeff Carter,
  No. A108843 (Cal.App. 09/12/2005)

• Fildres Runez v. Guy Roland Seaton III,
  No. A106501 (Cal.App. 08/29/2005)

• Iqbal Mahmood and Maqbool M. Chaudhry v. Mohammad Sharif et al.,
  No. B175483 (Cal.App. 07/20/2005)

• Fleetwood Retail Corporation of California v. Edward L. Denison et al.,
  No. C046897 (Cal.App. 06-30-2005)

• Erik Christopher v. Omar J. Gonzalez et al.,
  No. G034348 (Cal.App. 05/25/2005)

• Fivia Filip v. Marioara Bucurenciu et al.,
  No. C046460 (Cal.App. 05/24/2005)

• Krausz Puente LLC v. Frank Westall, et al.,
  No. B164989 (Cal.App. 01/25/2005)

• G-Tech USA, Inc., et a. v. Beny Alagem, et al.,
  No. B167716 (Cal.App. 01/24/2005)

• Karen Wisden v. The Superior Court of Los Angeles County,
  124 Cal.App. 4th 750 (Cal.App. 12/03/2004)

• Sokhwan Han et al. v. Denise Davis,
  No. G031526 (Cal.App. 12/01/2004)

• Victoria Lavetts v. Matthew J. Cutter et al.,
  No. B172197 (Cal.App. 11/10/2004)

• Myung Woo Nam v. Hyung Do Min et al.,
  No. G032269 (Cal.App. 11/09/2004)

• Harvey Bookstein v. Barry Gross,
  No. B167486 (Cal.App. 11/02/2004)

• In re Gioia,
  No. B166803 (Cal.App. Dist.2 06/09/2004)

• In re Slatkin,
  No. CV 03-02527 RSWL (C.D.Cal. 06/09/2004)

• Reilly v. Smith,
  2004.CA.0005136 (Cal.App. Dist.4 06/09/2004)

• Hendren v. Goldberg,
  No. B164667 (Cal.App. Dist.2 05/06/2004)

• Solar Precision Products, Inc. v. Cubic Technologies, Inc.,
  No. B16550 (Cal.App. Dist.2 04/27/2004) Civil Conspiracy

• Professional Collection Consultants Inc. v. Griffis,
  No. B168199 (Cal.App. Dist.2 04/09/2004) Civil Conspiracy

• Suzanne Decker v. Advantage Fund Ltd.,
  No. 01-17406, No. 01-17408 (Cal.App. 03/29/2004)

• Keitel v. Heubel,
  No. A101788 (Cal.App. Dist.1 03/05/2004) Civil Conspiracy

• Kaufman v. Reed,
  No. B163593 (Cal.App. Dist.2 02/03/2004)

• Mejia v. Reed,
  31 Cal.4th 657, 74 P.3d 166 (Cal. 08/14/2003)

• Rooftop Management & Consulting v. Washington Mutual Bank,
  No. B156360 (Cal.App. Dist.2 05/15/2003) Civil Conspiracy

• Korea Data Systems, Inc. v. Cheng,
  No. G029747 (Cal. App. Dist.4 03/05/2003) Civil Conspiracy

• Blackmun v. Superior Court of San Joaquin County,
  No. C041367 (Cal. App. Dist.3 02/28/2003)

• Kim v. Tsai,
  No. B153952 (Cal.App. Dist.2 02/26/2003) Civil Conspiracy

• Sive v. Hasso,
  No. G030586 (Cal.App. Dist.4 02/13/2003)

• Sax v. Kritt,
  No. B154851 (Cal.App. Dist.2 11/20/2002) Civil Conspiracy

• Annod Corp. v. Hamilton & Samuels,
  100 Cal.App.4th 1286 (Cal.App. Dist.4 08/08/2002)

• McClellan v. Sadat,
  No. B149569 (Cal.App. Dist.2 05/22/2002)

• Dary v. Gilbert,
  2002.CA.0007798 (Cal.App. Dist.1 08/27/2002)

• Go v. Smith,
  2002.CA.0005704 (Cal.App. Dist.4 06/20/2002)

• Attorney Equity National Corp. v. Chang,
  2002.CA.0004682 (Cal.App. Dist.2 05/23/2002)

• Reynolds v. Bates,
  2002.CA.0003378 (Cal.App. Dist.3 04/12/2002)

• Mejia v. Reed,
  2002.CA.0003006 (Cal.App. Dist.6 03/29/2002)

• Martino v. First Bank of Beverly Hills,
  2002.CA.0002109 (Cal.App. Dist.2 03/07/2002)

• Livacich v. Livacich,
  2001.CA.0002910 (Cal.App. Dist.4 12/03/2001)

• Ernie Goldberger & Co. v. Massoud,
  2001.CA.0001558 (Cal.App. Dist.2 10/25/2001)

• Mehrtash v. ATA Mehrtash,
  2001.CA.0001483 (Cal.App. Dist.2 10/24/2001) Civil Conspiracy

• PacLink Communications International, Inc.
  v. Superior Court of LA County,
  2001.CA.0000539 (Cal.App. Dist.2 07/19/2001)

• Macedo v. Bosio Revocable Trust,
  2001.CA.0000079 (Cal.App. 01/10/2001)

State Board of Equalitzation v. Woo,
2000.CA.0042575 (Cal.App. 07/20/2000)

• Gagan v. Gouyd,
  1999.CA.42618 (Cal.App. Dist.4 07/22/1999)

• Cortez v. Vogt,
  1997.CA.5 (Cal.App. Dist.4 02/10/1997)

• Monastra v. Konica Business Machines, U.S.A., Inc.,
  1996.CA.7 (Cal.App. Dist.2 03/28/1996)

• Evans v. Paye,
  1995.CA.46953 (Cal.App.Dist.3 02/10/1995)

• Whitehouse v. Six Corp.,
  1995.CA.40863 (Cal.App. Dist.2 11/21/1995)

• Hunting World, Inc. v. Superior Hunting World, Inc. v. Superior Court, 1994.CA.47591 (Cal.App. Dist.1 01/31/1994)

• Wyzard v. Goller,
  1994.CA.46313 (Cal.App. Dist.2 03/25/1994)

• Yaesu Electronics Corp. v. Tamura,
  1994.CA.42443 (Cal.App. Dist.2 09/08/1994)

• Brenelli Amedeo, S.P.A. v. Bakara Furniture, Inc.,
  1994.CA.41160 (Cal.App. Dist.2 11/14/1994)

• Lewis v. Superior Court,
  1994.CA.40783 (Cal.App. Dist.2 11/30/1994)

• Barisich v. Lewis,
  1990.CA.40130 (Cal.App.Dist.6 11/29/1990)

• Filmservice Laboratories Inc. v. Harvey Bernhard Enterprises Inc.,
  208 Cal. App. 3d 1297 (Cal.App.Dist.2 03/23/1989)

• Estate of Leola S. Baumann v. Baumann,
  201 Cal. App. 3d 927 (Cal.App.Dist.4 05/31/1988)

• Hennessey's Tavern Inc. v. American Air Filter Co.,
  204 Cal. App. 3d 1351 (Cal.App.Dist.2 10/04/1988)

• Headen v. Miller,
  141 Cal. App. 3d 169 (Cal.App.Dist.3 03/24/1983)

• Fox v. MGM Grand Hotels Inc.,
  137 Cal. App. 3d 524 (Cal.App.Dist.2 11/19/1982)

• Canal-Randolph Anaheim Inc. v. Wilkoski,
  103 Cal. App. 3d 282 (Cal.App.Dist.4 03/12/1980)

• Flowers and Sons Development Corp. v.
  Municipal Court for San Francisco Judicial District,
  86 Cal. App. 3d 818 (Cal.App.Dist.1 11/29/1978)

• Estate of Maria Astrid Blanco v. Closs,
  86 Cal. App. 3d 826 (Cal.App.Dist.2 11/29/1978)

• Putnam Sand and Gravel Co. v. Albers,
  14 Cal. App. 3d 722 (Cal.App.Dist.5 01/26/1971)

• Eilken v. Morrison,
  3 Cal. App. 3d 25 (Cal.App.Dist.2 12/29/1969)

• Gould v. Fuller,
  249 Cal. App. 2d 18 (Cal.App.Dist.2 02/28/1967)

• Grover v. Tindall,
  242 Cal. App. 2d 427 (Cal.App.Dist.1 05/25/1966)

• Rony v. Yucca Water Co.,
  220 Cal. App. 2d 613 (Cal.App.Dist.4 09/24/1963)

• Aggregates Associated Inc. v. Packwood,
  375 P.2d 425 (Cal. 10/24/1962)

• Taylor v. S & M Lamp Co.,
  190 Cal. App. 2d 700 (Cal.App.Dist.1 03/30/1961)

• Wood v. Kaplan,
  178 Cal. App. 2d 227 (Cal.App.Dist.1 02/23/1960)

• Oppenheim v. Goodley,
  306 P.2d 944 (Cal.App.Dist.2 02/06/1957)

• Tokar v. Redman,
  291 P.2d 987 (Cal.App.Dist.2 01/09/1956)

• Blue v. Superior Court of Los Angeles County,
  305 P.2d 209 (Cal.App.Dist.2 12/28/1956)

• Wilson v. Grey,
  280 P.2d 29 (Cal.App.Dist.1 02/23/1955)

• Johnston v. Johnson,
  274 P.2d 1 (Cal.App.Dist.1 09/20/1954)

• Heffernan v. Bennett & Armour,
  243 P.2d 846 (Cal.App.Dist.1 04/29/1952)

• Pailhe v. Pailhe,
  247 P.2d 838 (Cal.App.Dist.1 09/12/1952)

• Rozzi v. Rozzi,
  195 P.2d 464 (Cal.App.Dist.1 07/02/1948)

• Carman v. Athearn,
  175 P.2d 926 (Cal.App.Dist.1 01/09/1947)

• Knapp v. Elliott,
  184 P.2d 934 (Cal.App.Dist.4 10/02/1947)

• Estate of Catherine v. Camm v. Brooks,
  172 P.2d 547 (Cal.App.Dist.1 09/17/1946)

• Michal v. Adair,
  152 P.2d 490 (Cal.App.Dist.2 10/17/1944)

• Bacciocco v. Curtis,
  82 P.2d 385 (Cal. 09/01/1938)

• 550 Park Avenue Corp. v. Kuhe,
  53 P.2d 751 (Cal. 01/22/1936)

• Adams v. Bell,
  56 P.2d 208 (Cal. 03/25/1936)

• Bettandorff v. Chronister,
  41 P.2d 337 (Cal. 02/14/1935)

• Wight v. Street,
  44 P.2d 322 (Cal. 04/08/1935)

Links to California materials on fraudulent transfers

Bulk Sales and Fraudulent Transfers:
A Second Bite at the Apple for Trade Creditors, by Scott Blakey, Article

California Penal Code

154. (a) Every debtor who fraudulently removes his or her property or effects out of this state, or who fraudulently sells, conveys, assigns or conceals his or her property with intent to defraud, hinder or delay his or her creditors of their rights, claims, or demands, is punishable by imprisonment in the county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Where the property so removed, sold, conveyed, assigned, or concealed consists of a stock in trade, or a part thereof, of a value exceeding one hundred dollars ($100), the offense shall be a felony and punishable as such.

155. (a) Every person against whom an action is pending, or against whom a judgment has been rendered for the recovery of any personal property, who fraudulently conceals, sells, or disposes of that property, with intent to hinder, delay, or defraud the person bringing the action or recovering the judgment, or with such intent removes that property beyond the limits of the county in which it may be at the time of the commencement of the action or the rendering of the judgment, is punishable by imprisonment in a county jail not exceeding one year, or by fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment. (b) Where the property so concealed, sold, disposed of, or removed consists of a stock in trade, or a part thereof, of a value exceeding one hundred dollars ($100), the offenses shall be a felony and punishable as such.

531. Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor.