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Torts
Fraud
Creditor and Debtor

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)

Arthur Carvalho Jr.


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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