Newmark v. Kirkorian
Plaintiff Dr. Harris Newmark III, a Corporation, brought an action against defendants Kirkor Kirkorian, M.D. (Kirkorian) and his wife Snezana Kirkorian, aka Snezana Pavlovic, for fraudulent conveyance based on a transfer from Kirkorian to his wife of his interest in their residence property (real property). The fraudulent conveyance claim pertains to 2002 and 2004 judgments obtained by plaintiff against Kirkorian. The trial court struck the allegation as to the 2002 judgment as being untimely, but after trial, granted plaintiffs motion to amend to conform to proof so as to permit plaintiff to replead the 2002 judgment. Defendants assert that the trial court had no power to allow the amendment and that in any event there was not sufficient evidence to support the trial courts conclusion that plaintiff brought his fraudulent transfer case within the required time. We hold that the trial court had the discretion to permit the amendment and did not abuse that discretion. We also hold there was substantial evidence to support the trial courts conclusion that the statute of limitations was not a bar in this case.
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