Legal Opinion

Mehrtash v. Mehrtash

California Court of Appeal

Decided October 24, 2001No. B146707PublishedCited by 25 opinions

1Opinion of the Court

Opinion

VOGEL (C. S.), P. J.

Introduction

This is an action by a creditor to set aside, as a fraud upon her, a conveyance of the debtor’s home to his stepsons. After plaintiff presented her evidence at trial, the court, pursuant to Code of Civil Procedure section 631.8, granted judgment in favor of the defendants, because plaintiff failed to prove that the value of the property exceeded encumbrances and senior liens. We hold this was a proper basis for a judgment in favor of defendants; therefore, we affirm.

Factual and Procedural Background

Plaintiff Marion Mehrtash is the ex-wife of defendant…

2Cases cited7 opinions

  1. D'AMICO v. Board of Medical ExaminersCalifornia Supreme Court · 1974
  2. Haskins v. Certified Escrow & Mortgage Co.California Court of Appeal · 1950
  3. A/S Kreditt-Finans v. Cia Venetico De Navegacion S.A.District Court, E.D. Pennsylvania · 1983
  4. Holthaus v. ParsonsNebraska Supreme Court · 1991
  5. Rourke v. TroyCalifornia Court of Appeal · 1993

2 more not listed; retrieve them via the Exa API.

3Cited by25 opinions

  1. Oiye v. FoxCalifornia Court of Appeal · 2012
  2. Fleet National Bank v. Valente (In Re Valente)Court of Appeals for the First Circuit · 2004
  3. Fidelity National Title Insurance v. SchroederCalifornia Court of Appeal · 2009
  4. Opperman v. Path, Inc.District Court, N.D. California · 2014
  5. Berger v. Varum, California Court of Appeal, 5th District2019

20 more not listed; retrieve them via the Exa API.

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