Donghua Xu v. Bin Xu, et al.
Published: Oct. 13, 2017 | Result Date: Jul. 11, 2017 | Filing Date: Jun. 12, 2015 |Case number: 2015-1-CV-282126 Summary Judgment – Defense
Court
Santa Clara County Superior Court
Attorneys
Plaintiff
Ming Ji
(Vigor Law Group)
Defendant
Philip R. Soderquist
(Soderquist Law Offices)
Mark J. Bluer
(Bluer & Bluer LLP)
Facts
Donghua Xu sued Bin Xu, in connection with promissory notes executed between plaintiff and Xu, Zhiqin Fei and Xu, Quinjun Gou and Xu, and Jun Xu and Xu. Tao Quian was also a named defendant.
Contentions
PLAINTIFF'S CONTENTIONS: Defendant Xu allegedly borrowed certain amounts from plaintiff and certain named persons. Xu was allegedly married to defendant Quian when he borrowed those funds. Xu allegedly failed to repay the loans and thereafter started hiding from plaintiff and the other lenders. He also allegedly transferred his interests in real property to Quian in an attempt to defraud plaintiff and the other lenders and to deter them from collecting on the loans. As such, plaintiff sued Xu, Quian, and others alleging causes of action for breach of contract, common counts, actual fraudulent transfer, and constructive fraudulent transfer.
DEFENDANTS' CONTENTIONS: Quian denied the allegations and asserted various affirmative defenses. Among other things, Quian contended that plaintiff's claims for fraudulent transfer fail because she denied receiving any of the allegedly fraudulently transferred funds. Quian moved for summary judgment.
Result
The court granted Quian's motion for summary judgment.
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