Opinion
Case No. 5:11-cv-00902-R-OP
11-28-2011
GREAT AMERICAN INSURANCE COMPANY, an Ohio corporation, Plaintiff, v. GEORGE R. GLEDSON and NILA GLEDSON husband and wife; JESSICA DESENTIS, an individual, Defendants.
Robert J. Berens (Cal. Bar. No. 141647) MANN, BERENS & WISNER, LLP Attorneys for Great American Insurance Company
Robert J. Berens (Cal. Bar. No. 141647)
MANN, BERENS & WISNER, LLP
Attorneys for Great American Insurance Company
DEFAULT JUDGMENT AGAINST
DEFENDANTS GEORGE GLEDSON,
NILA GLEDSON AND JESSICA
DESENTIS
This matter having come before the Court on Plaintiff Great American Insurance Company's ("Plaintiff") Motion for Entry of Default Judgment Against Defendants George Gledson, Nila Gledson and Jessica Desentis (the "Motion"), having reviewed the pleadings of record and the Declaration submitted by Plaintiff in connection therewith, this Court finds that Defendants George Gledson, Nila Gledson and Jessica Desentis ("Defendants") were regularly served with process and failed to appear and answer Plaintiff's Complaint within the time period prescribed by law, that the default of the Defendants was duly entered by the Clerk of this Court, that Defendants are neither infants nor incompetent, and that Plaintiff is entitled to the relief requested.
Based upon the foregoing findings and good cause appearing therefore;
IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the Motion is GRANTED. Plaintiff is awarded Judgment against Defendants, jointly and severally, for the following relief:
A. Pursuant to Cal. Civil Code Section 3439.04, the transfer ("Desentis Transfer") from the Gledsons to Desentis of real property located at 15261 Osceola Rd, Apple Valley, CA 91737 (the "Desentis Property") on or about April 13, 2009 is a fraudulent transfer;
B. The Desentis Transfer is hereby avoided pursuant to Cal. Civil Code Section 3439.07(a)(1);
C. Defendants are permanently enjoined from selling, transferring, disposing and/or liening the Desentis Property, pursuant to Cal. Civil Code Section 3439.07(a)(3); and
D. Plaintiff is authorized to levy executipnon the Desentis Property pursuant to Cal. Civil Code Section 3439.07(c),
Honorable Manuel L. Real
Judge, United States District Court