The firm successfully defended a client against a fraudulent transfer action relating to a property transfer made in 2003. The firm demurred to the plaintiff’s complaint, arguing the complaint was time-barred by the seven-year limitations period of Civil Code section 3439.09, subdivision (c). Before filing the demurrer, the firm served plaintiff with a 128.7 motion for sanctions warning that the fraudulent transfer claim was time-barred by Section 3439.09, subdivision (c), and therefore, legally frivolous. Plaintiff refused to dismiss his complaint and forced the firm to file the 128.7 motion for sanctions. The court sustained the demurrer and dismissed the complaint, with prejudice, and granted the 128.7 motion for sanctions.
San Diego Superior Court Case No. 37-2012-00096990-CU-CL-CTLL
Counsel: David S. Demian