Bollinger Construction Inc., Bollinger Development Inc. v. Rudolph W. Rheinschild, Greg Rawlings, RWR Brokers Inc., RWR Homes Inc., Agelito Viardo
Published: Feb. 7, 2009 | Result Date: Sep. 29, 2008 | Filing Date: Jan. 1, 1900 |Case number: BC359675 Bench Decision – $625,747
Court
L.A. Superior Central
Attorneys
Plaintiff
John A. Furutani
(Law Offices of John A. Furutani)
Defendant
Donald S. Gottesman
(Kulik Gottesman & Siegel LLP)
Experts
Plaintiff
William J. Buckley
(technical)
Facts
On Jan. 20, 2002, Bollinger Construction Inc. and Bollinger Development Inc. (Bollinger collectively) bought three pieces of property from Sunset Ridge LLC. After, Bollinger alleged breach of contract against Sunset Ridge, an arbitrator granted Bollinger a default judgment amounting to $397,558.81. On Dec. 9, 2002, Sunset Ridge declared bankruptcy. Later, Bollinger sued William Rheinschild and Gregg Rawlings, who were the owners of Sunset Ridge, their businesses, RWR Brokers Inc and RWR Homes Inc., and Agelito Viardo.
Contentions
PLAINTIFF'S CONTENTIONS:
Bollinger asserted that Sunset Ridge paid them while insolvent such that it made fraudulent transfers without consideration. Further, Sunset Ridge was undercapitalized.
DEFENDANTS' CONTENTIONS:
Defendants contended that any payments constituted legitimate business obligations, no intent to delay creditors existed, and that the statute of limitations worked as an affirmative defense.
Damages
Bollinger requested $763,323 in damages.
Result
The court awarded Bollinger $625,747.
Other Information
Greg Rawlings was in pro per.
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