Acacia Investments LLC v. Kin Wing Chan
Published: Sep. 19, 2009 | Result Date: Feb. 23, 2009 | Filing Date: Jan. 1, 1900 |Case number: CGC03420381 Verdict – Equitable award
Court
San Francisco Superior
Attorneys
Plaintiff
Defendant
Facts
On July 10, 1998, defendant Mandy Lee Tam became owner of 15 Parkview Avenue in Daly City by grant deed. On Oct. 3, 2002, defendant Tam transferred her interest by grant deed to defendants Kin Wing Chan and Elizabeth Mei.
On Dec. 27, 2002, plaintiff Acacia Investments LLC was awarded a $1,081,923 judgment against defendant Tam and others as a result of various defaults by Diamond Bridge Partners LLC, a company in which Tam was a guarantor.
Contentions
PLAINTIFF'S CONTENTIONS:
The plaintiff contended that the Oct. 3, 2002, conveyance from Tam to Chan and Mei was fraudulent, as Tam received approximately $2,100 for the property when it was worth at least $430,000 at the time of conveyance. The transfer of the Parkview property was done with actual intent to hinder, delay, or defraud all of Tam's then future creditors, including Acacia Investments LLC.
DEFENDANTS' CONTENTIONS:
The defendants contended that the transfer was not fraudulent.
Damages
The plaintiff claimed that the fraudulent conveyance of the Parkview property inhibited it from collecting on its judgment against Tam. The plaintiff claimed that it incurred $280,561 in attorney fees and $30,295 in costs.
Result
Judgment in favor of plaintiff. The conveyance from Tam to Chan and Mei was set aside, with title reverting to Tam. The plaintiff's judgment lien attached to the Parkview property as of Jan. 14, 2003, the recording date of the abstract judgment.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390