Chen v. Berenjian
Annotate this CaseAfter obtaining money judgments against Shazad Berenjian, Pang Yen Chen sued him and his brother Sharmad for fraudulent transfer under the Uniform Voidable Transactions Act (UVTA). Chen alleged Shazad and Sharmad had attempted to thwart Chen’s attempts to execute on the judgments by colluding in a sham lawsuit, stipulating to a judgment, and allowing Sharmad to execute on the judgment. The trial court sustained a demurrer with leave to amend, but Chen allowed dismissal to be entered against him and pursued this appeal. The primary issue presented for the Court of Appeal's review was whether, on the face of Chen’s complaint, the litigation privilege of Civil Code section 47(b) barred the cause of action for fraudulent transfer under the UVTA. The Court concluded the litigation privilege of section 47(b) did not bar the fraudulent transfer cause of action as alleged because the gravamen of that cause of action was the noncommunicative act of transferring assets by executing on a judgment. The Court therefore reversed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.