Brought to you by LACBA’S Remedies Section
January 2010

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     Message from the Chair:
 
As we end 2009, I want to thank everyone involved with putting together the December 5 event on Prejudgment Remedies. The event was very well attended, and participants rated it very highly. We have a lot of exciting programs planned for 2010, with the first on January 28: Breakfast with the Judges - Prejudgment Remedies. I look forward to seeing you at this event and all of our future events.

David Ray
dlr@srblaw.com


     Case Summaries:

Prejudgment Writ of Attachment
A guaranty is a separate and independent obligation from that of the principal debt. Though the three principal loans here were secured by real property, the guaranties were signed by the defendant. Thus the prohibition in Section 483.010 against issuance of an attachment order for a claim secured by real property does not apply. 
     United Central Bank v. Superior Court of Orange County

Orap Lien
The exemption created under Subdivision (j) of Section 697.740 of the Code of Civil Procedure only applies to letters of credit.
     Credit Suisse First Boston Mortgage Capital v. Danning, Gill, Diamond & Kollitz

Fraudulent Transfers
Under the Uniform Fraudulent Transfers Act, if a plaintiff cannot produce any evidence that the value of the property could support any net recovery for the plaintiff in the event the conveyance were set aside, the conveyance will not be set aside. The fact that the transfer could not be set aside under the UFTA, notwithstanding the debtor’s intent to defraud his creditor, does not mean that the creditor is without a remedy under the common law or equity. Judgment creditors of the beneficiary of a resulting trust may reach their equitable interest in the resulting trust.
      Fidelity National Title Insurance Company v. Schroeder.



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Los Angeles County Bar Association
2009-2010: Remedies Newsletter
REMEDIES SECTION
A. David Youssefyeh, Editor   

SECTION OFFICERS
Chair
David L. Ray

Vice-Chair
Alan J. Cohen

Treasurer
Richard P. Ormond

Secretary
Miguel Hernandez

Immediate Past-Chair
Leslie R. Horowitz


Section Administrator
Erica Leon

EXECUTIVE COMMITTEE MEMBERS

Mel Aranoff
Marshall J. August
Michael C. Baum
Jerome J. Blum
Edythe L. Bronston
Peter A. Davidson
Louis E. Kempinsky
Steven N. Kurtz

Alexander Litvak
Russell H. Rapoport
Mark L. Share
Susan L. Vaage
Jason D. Wallach
Afshin David Youssefyeh

Readers are advised that changes in the law may affect
the accuracy of this publication or the functionality of links after the publication date.

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