Minute OrderCal. Super. - 6th Dist.March 5, 2021SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Shirley Hwang vsJay Shah Hearing Start Time: 9:00 AM 21CV379834 Hearing Type: Hearing: Order t0 Show Cause Date 0f Hearing: 06/10/2021 Comments: 10 Heard By: Takaichi, Drew C Location: Department 2 Courtroom Reporter: - N0 Court Reporter Courtroom Clerk: Farris Bryant Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - Why an Order for Sale 0f Real Property Should Not Issue The following attorney(s) appear via CourtCaII: Robert C. Phelps for Cross-Defendant(s), Plaintiff and Judgement Creditor Elva Shah is present, but is not a named party 0n this case. N0 one has contested the Tentative Ruling. The Tentative Ruling is adopted. See below for ruling. Judgment creditor Shirley Hwang s application for sale 0f real property identified in the application and order t0 show cause, pursuant t0 the procedures set forth in Code of Civil Procedure section 704.780 is GRANTED. The court finds that the real property is owned by, and title is vested in and to, judgment debtor Jay Shah and his wife Elva Shah as community property, and that the $300,000 lien recorded by the judgment debtor s parents 0n 0r about August 11, 2017 was a fraudulent transaction pursuant t0 Civil Code sections 3439.04 and 3439.05, and is therefore void and not entitled t0 payment 0r satisfaction from the proceeds 0f sale 0f the real property. N0 opposition filed. Printed: 6/10/2021 06/10/2021 Hearing: Order t0 Show Cause r 21CV379834 Page 1 0f 2 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Printed: 6/10/2021 06/10/2021 Hearing: Order t0 Show Cause r 21CV379834 Page 2 0f 2
