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Robert Bodzin and Alison Greene Obtain Dismissal of Fraudulent Transfer Case

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November 6, 2014

Under California’s Uniform Fraudulent Transfer Act (UFTA), persons and businesses who transfer or receive money or property can be liable if the transfer was done with the intent of depriving a rightful creditor.  Mr. Bodzin and Ms. Greene defended a businessman against allegations that he should be personally liable under the UFTA for alleged improper transfers made to his company by a now-defunct business.  The stakes in the lawsuit were significant because the creditor was trying to enforce a million dollar sexual harassment judgment against another unrelated entity.  She asserted that the businessman’s company improperly received monies and property that should have been available to satisfy the judgment.  On the Summary Judgment motion heard in April 2014, Judge Novak of the San Mateo County Superior Court rejected all arguments that Burnham Brown’s client, as an individual, was liable under the UFTA and that a dismissal was supported under California’s new Limited Liability Corporation Law.  In granting Burnham Brown’s motion, the Court also rejected the alter ego theory of liability advanced by plaintiff.

Although Plaintiff filed a Notice of Appeal, she abandoned it before having to pay for the high expense of obtaining the official court record.  In return for dismissing the appeal, Burnham Brown’s client waived the nearly $3,000 in prevailing party costs awarded after the Summary Judgment and made a nominal payment to Plaintiff of less than the amount of these costs.

In October 2014, Mr. Bodzin and Ms. Greene were brought back into the case and hired to defend the target corporate defendant at trial and within less than one week negotiated another nominal settlement. 

Robert M. Bodzin is a partner/trial attorney at the law firm of Burnham Brown in Oakland.  He is one of the Chairs of the firm’s Commercial Litigation Practice Group.  He is the immediate past Chair of the Litigation Section of the California State Bar and advisor on its Executive Committee.  Mr. Bodzin has been practicing law since 1992 and is admitted as an attorney in California, New York and New Jersey.  Mr. Bodzin can be reached at 510-835-6833 and rbodzin@burnhambrown.com.

Alison Greene is Senior Counsel at Burnham Brown and has been practicing insurance coverage, complex business litigation, and insurance defense litigation for over twenty years.  Ms. Greene can be reached at 510-935-6724 and agreene@burnhambrown.com.

November 6, 2014

Under California’s Uniform Fraudulent Transfer Act (UFTA), persons and businesses who transfer or receive money or property can be liable if the transfer was done with the intent of depriving a rightful creditor.  Mr. Bodzin and Ms. Greene defended a businessman against allegations that he should be personally liable under the UFTA for alleged improper transfers made to his company by a now-defunct business.  The stakes in the lawsuit were significant because the creditor was trying to enforce a million dollar sexual harassment judgment against another unrelated entity.  She asserted that the businessman’s company improperly received monies and property that should have been available to satisfy the judgment.  On the Summary Judgment motion heard in April 2014, Judge Novak of the San Mateo County Superior Court rejected all arguments that Burnham Brown’s client, as an individual, was liable under the UFTA and that a dismissal was supported under California’s new Limited Liability Corporation Law.  In granting Burnham Brown’s motion, the Court also rejected the alter ego theory of liability advanced by plaintiff.

Although Plaintiff filed a Notice of Appeal, she abandoned it before having to pay for the high expense of obtaining the official court record.  In return for dismissing the appeal, Burnham Brown’s client waived the nearly $3,000 in prevailing party costs awarded after the Summary Judgment and made a nominal payment to Plaintiff of less than the amount of these costs.

In October 2014, Mr. Bodzin and Ms. Greene were brought back into the case and hired to defend the target corporate defendant at trial and within less than one week negotiated another nominal settlement. 

Robert M. Bodzin is a partner/trial attorney at the law firm of Burnham Brown in Oakland.  He is one of the Chairs of the firm’s Commercial Litigation Practice Group.  He is the immediate past Chair of the Litigation Section of the California State Bar and advisor on its Executive Committee.  Mr. Bodzin has been practicing law since 1992 and is admitted as an attorney in California, New York and New Jersey.  Mr. Bodzin can be reached at 510-835-6833 and rbodzin@burnhambrown.com.

Alison Greene is Senior Counsel at Burnham Brown and has been practicing insurance coverage, complex business litigation, and insurance defense litigation for over twenty years.  Ms. Greene can be reached at 510-935-6724 and agreene@burnhambrown.com.