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Cal. Civ. Code § 3439.05

Uniform Voidable Transactions Act

Known as the Uniform Voidable Transactions Act

The act spans §§ 3439–3439 (14 sections).

Applied in 6 court decisions — leading case Stern 00-56431 v. H H H

Most recently applied in 221 Cal. Rptr. 3d 353 - Pga W. Residential Ass'n, Inc. v. Hulven Int'l, Inc. (August 2017)

Amended by Stats. 2015, Ch. 44, Sec. 7

How often courts cite this section

2015201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(a) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange for the transfer or obligation and the debtor was insolvent at that time or the debtor became insolvent as a result of the transfer or obligation.

(b) A creditor making a claim for relief under subdivision (a) has the burden of proving the elements of the claim for relief by a preponderance of the evidence.

Official source: California Legislative Information. Reproduced from public-domain California statutes; confirm against the official source for the current text. Not legal advice.