Case details

Couple divided assets to avoid paying restitution: plaintiffs

SUMMARY

$1008712.38

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
emotional distress, molestation, oral copulation
FACTS
In 2009, plaintiffs Halona Sudduth and Farah Sanders filed a civil suit against a firefighter, Solomon Sacay, alleging that Sacay molested them while they were children in the 1980s. Prior to filing the lawsuit, one of the molested women serendipitously saw Solomon Sacay working as a fireman in 2007 and confronted him about the molestation. Law enforcement was notified, but the Oakland Police Department initially wrongfully believed that the criminal statute of limitations had run out on the molestation charges. As a result, Sudduth and Sanders filed a civil lawsuit alleging molestation. Sacay was subsequently arrested and convicted of molestation in 2009. He pleaded no contest to one count of oral copulation of a minor in 2009 and was sentenced to nine months in jail. The civil suit ultimately resulted in a 2012 verdict, which ordered Solomon Sacay to pay Sudduth and Sanders restitution. However, while he was in jail, Solomon Sacay and his wife, Arleen Sacay, surreptitiously divorced, during which Mr. Sacay allegedly transferred his valuable assets into Ms. Sacay’s name. As a result, Sudduth and Sanders obtained a $350,000 judgment against Mr. Sacay in Federal Bankruptcy Court in 2012. However, Sudduth and Sanders learned that after Mr. Sacay got out of jail in 2009, he continued to live at Ms. Sacay’s home in Piedmont until 2014. Thus, Sudduth and Sanders sued Mr. Sacay and Ms. Sacay, alleging that the Sacays’ actions constituted fraudulent conveyance. Plaintiffs’ counsel argued that the Sacays violated the Uniform Fraudulent Transfer Act by engaging in a sham divorce. Counsel contended that the couple transferred monies to the Philippines and that the alleged transfer of the family home to Ms. Sacay was a fraud since Mr. Sacay continued to live at the residence rent free. Thus, plaintiffs’ counsel argued that Ms. Sacay conspired with, and aided and abetted, Mr. Sacay in committing and concealing the fraud. Defense counsel denied there was any fraud, arguing that Ms. Sacay divorced her husband because Mr. Sacay had a girlfriend. Counsel further argued that the assets in the divorce were fairly divided and that the statute of limitation barred the plaintiffs’ claims., Sudduth and Sanders sought recovery of $448,712.38 in economic damages, which was the total judgment against Mr. Sacay in molestation lawsuit, plus interest. They also sought recovery of emotional-distress damages, and punitive damages against both Mr. Sacay and Ms. Sacay.
COURT
Superior Court of Alameda County, Hayward, CA

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