4203. Constructive Fraudulent Transfer Insolvency Essential Factual Elements (Civ. Code, § 3439.05)

4203. Constructive Fraudulent Transfer--Insolvency-- Essential Factual Elements (Civ. Code, § 3439.05) Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of plaintiff] claims [he/she/it] was harmed because [name of debtor] [transferred property/incurred an obligation] to [name of defendant] and was unable to pay [name of plaintiff] money that was owed. [This is called "constructive fraud."] To establish this claim against [name of defendant], [name of plaintiff] must prove all of the following: 1. 2. 3. 4. 5. 6. 7. That [name of plaintiff] has a right to payment from [name of debtor] for [insert amount of claim]; That [name of debtor] [transferred property/incurred an obligation] to [name of defendant]; That [name of debtor] did not receive a reasonably equivalent value in exchange for the [transfer/obligation]; That [name of plaintiff]'s right to payment from [name of debtor] arose before [he/she/it] [transferred property/incurred an obligation]; That [name of debtor] was insolvent at that time or became insolvent as a result of the transfer or obligation; That [name of plaintiff] was harmed; and That [name of debtor]'s conduct was a substantial factor in causing [name of plaintiff]'s harm. If you decide that [name of plaintiff] has proved all of the above, [he/she/it] does not have to prove that [name of debtor] intended to defraud creditors. ________________________________________________________________________________ New June 2006; Revised June 2016