Facts

In a prior action, plaintiff Vincent Rodriguez obtained a judgment against defendant Mark Padilla for $519,000 in damages, which included $250,000 in punitive damages for fraud. The court had also ordered another defendant, Luis Bocanegra, to re-convey certain real property to plaintiff. The condition was that plaintiff pay defendant Bocanegra $48,600 for what was allegedly spent for renovations and improvements to the property.

Defendant Padilla informed the court that he had filed a petition for bankruptcy. The case thus proceeded only as to the causes of action that did not involve defendant Padilla. In regard to those causes of action, judgment was entered for plaintiff.

CONTENTIONS:
Defendant Padilla, with the help of others, encumbered the property through deeds of trust totaling $288,980. He then transferred pieces of the property to his wife pursuant to a purported marital settlement agreement. The transfers were made to delay or defraud plaintiff in collecting his judgment. The timing of the encumbrances and property transfers were suspicious.

Damages

The plaintiff was not able to obtain satisfaction of a money judgment in the sum of $519,000 and reconveyance of a clear title to certain real property.

Result

Equitable judgment setting aside and canceling four recorded deeds of trust that allegedly secured obligations in the sum of $288,980. Underlying loans were also voided.

Other Information

Defendant Padilla later entered into a settlement agreement with plaintiff, in which plaintiff received a settlement totaling $275,000. In a settlement with defendant Bocanegra, plaintiff received a re-conveyance of title to certain real property that had been fraudulently taken from him by Padilla. Pedro Hernandez, a separate defendant, was dismissed in exchange for a waiver of costs. Neither defense counsel Spear, nor Hernandez, were involved with the judgment obtained by plaintiff against Padilla.