Legal Opinion

Barisich v. Lewis

California Court of Appeal

Decided November 29, 1990No. H006691PublishedCited by 19 opinions

1Opinion of the Court

Opinion

COTTLE, J.

In this quiet title action, the trial court granted plaintiff’s motion for summary judgment. Defendant appeals, claiming that triable issues of fact exist as to whether the prior owner of the property transferred it to plaintiff to defraud his creditors. For reasons we shall explain, we affirm.

Standard of Review and Burden of Proof

Preliminarily, we wish to clear up certain misconceptions about the summary judgment procedure evidenced by the parties in their briefs on appeal.

According to plaintiff, the applicable rules are (1) the reviewing court must independently review the…

2Cases cited7 opinions

  1. AARTS Productions, Inc. v. Crocker National BankCalifornia Court of Appeal · 1986
  2. Hayward Union High School District v. MadridCalifornia Court of Appeal · 1965
  3. Spear v. FarwellCalifornia Court of Appeal · 1935
  4. Hoover Community Hotel Development Corp. v. ThomsonCalifornia Court of Appeal · 1985
  5. University of Southern California v. WeissCalifornia Court of Appeal · 1962

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3Cited by19 opinions

  1. People v. ReyesCalifornia Supreme Court · 1974
  2. Krieger v. Nick Alexander Imports, Inc.California Court of Appeal · 1991
  3. Brassinga v. City of Mountain ViewCalifornia Court of Appeal · 1998
  4. Pajaro Dunes Rental Agency, Inc. v. Spitters (In Re Pajaro Dunes Rental Agency, Inc.)United States Bankruptcy Court, N.D. California · 1994
  5. Centennial Ins. Co. v. US Fire Ins. Co.California Court of Appeal · 2001

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