Under some circumstances a creditor may sue to set aside a transfer of property by a debtor, where the transfer defrauds that creditor. (Civ.Code, § 3439 et seq., the Uniform Fraudulent Transfer Act.) A well-established principle of the law of fraudulent transfers is, “A transfer in fraud of creditors may be attacked only by one […]
Category: Litigation
California personal jurisdiction over non-residents
SWENBERG v. DMARCIAN, INC., 68 Cal. App. 5th 280 – Cal: Court of Appeal, 1st Appellate Dist., 2nd Div. 2021 “California courts may exercise jurisdiction over nonresidents `on any basis not inconsistent with the Constitution of this state or of the United States.’ (Code Civ. Proc., § 410.10.) The statute `manifests an intent to exercise […]
Personal jurisdiction and the “alter ego” doctrine
ALEXANDRIA REAL ESTATE EQUITIES, INC. v. BUGSBY PROPERTY, LLC, Cal: Court of Appeal, 2nd Appellate Dist., 2nd Div. 2021 California grants to its courts the power to assert personal jurisdiction as far as the United States Constitution allows. (Code Civ. Proc., § 410.10; Integral Development Corp. v. Weissenbach (2002) 99 Cal.App.4th 576, 583 (Integral Development) [California’s “long-arm statute […]
The Convention on the Recognition and Enforcement of Foreign Arbitral Awards
The New York Convention provides a carefully structured framework for the review and enforcement of international arbitral awards. Only a court in a country with primary jurisdiction over an arbitral award may annul that award. Courts in other countries have secondary jurisdiction; a court in a country with secondary jurisdiction is limited to deciding whether […]
Statutes of limitation and the discovery rule
Fox v. Ethicon Endo-Surgery, Inc., 110 P. 3d 914 – Cal: Supreme Court 2005 “Statute of limitations” is the collective term applied to acts or parts of acts that prescribe the periods beyond which a plaintiff may not bring a cause of action. (3 Witkin, Cal. Procedure (4th ed. 1996) Actions, § 405, p. 509; […]