California Civil Jury Instructions (CACI) (2017)

4204. “Transfer” Explained

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4204.“Transfer” Explained
“Transfer” means every method of parting with a debtor’s property or
an interest in a debtor’s property.
[Read one of the following options:]
[A transfer may be direct or indirect, absolute or conditional, voluntary
or involuntary. A transfer includes [the payment of money/a release/a
lease/a license/ [and] the creation of a lien or other encumbrance].]
[In this case, [describe transaction] is a transfer.]
New June 2006; Revised June 2016
Directions for Use
This instruction sets forth the statutory definition of a “transfer” within the Uniform
Voidable Transactions Act (formerly the Uniform Fraudulent Transfer Act). (See
Civ. Code, § 3439.01(m).) Read the second bracketed option for the second
sentence if the transaction has been stipulated to or determined as a matter of law.
Otherwise, read the first bracketed option. Include only the bracketed terms at the
end of the first option that are at issue in the case.
Sources and Authority
• “Transfer” Defined. Civil Code section 3439.01(m).
“On its face, the UFTA applies to all transfers. Civil Code, section § 3439.01,
subdivision (i) defines ‘[t]ransfer’ as ‘every mode, direct or indirect, absolute or
conditional, voluntary or involuntary, of disposing of or parting with an asset or
an interest in an asset . . . .’ The UFTA excepts only certain transfers resulting
from lease terminations or lien enforcement.” (Mejia v. Reed (2003) 31 Cal.4th
657, 664 [3 Cal.Rptr.3d 390, 74 P.3d 166], internal citations omitted.)
Secondary Sources
Ahart, California Practice Guide: Enforcing Judgments & Debts, Ch. 3-C,
Prejudgment Collection—Prelawsuit Considerations, ¶ 3:319 et seq. (The Rutter
Group)
23 California Forms of Pleading and Practice, Ch. 270, Fraudulent Conveyances,
§§ 270.35[1], 270.37 (Matthew Bender)
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