The judgment in favor of Aaron and Michael was filed March 24, , with notice of entry given on March 27, Yaffe moved for a new trial and for judgment notwithstanding the verdict, and the court denied the motion.
Yaffe filed this timely appeal of the denial of the new trial motion. Yaffes theory in the complaint was that Eddies March transfer of the second trust deed on the house to Aaron and Michael was a fraudulent transfer, because it was made for the specific purpose to hinder, delay and defraud Yaffe by putting the equity in the house out of Yaffes reach.
The complaint also alleged that Aaron and Michael conspired with Eddie, who was not a party, with the intent to defraud his creditor Yaffe. The trial court instructed the jury on actual fraud under section The special verdict reached by the jury concluded that as to Aaron and Michael, the transfer was not a fraudulent transfer made in order to avoid paying Yaffe , establishing that the jury found that the transfer was not made with actual intent to hinder, delay, or defraud as provided in section The jury thus found no actual fraud in the transfer of the second trust deed.
See Reddy v. Gonzalez 8 Cal. At the time of the new trial motion and on this appeal, however, Yaffe argued that a new trial was necessary because there was insufficient evidence to justify a jury verdict in favor of the defense on the theory that Eddie received a reasonably equivalent value for the transfer of the second trust deed.
This argument is governed by section Yaffes argument in the motion for new trial was that the March transfer was fraudulent because Eddie did not receive a reasonably equivalent value for the second trust deed. For the purposes of section Notably, the intent of the debtor, which is necessary to find actual fraud under section Mejia v.
Reed 31 Cal. Yaffe also argued that the evidence established actual fraud. The jury, however, did not return a verdict on the reasonably equivalent value issue. The special verdict form, which Yaffe prepared, asked only whether as to Aaron or Michael, the transfer of the second trust deed was a fraudulent transfer made in order to avoid paying Yaffe, and the jury answered only this question in the negative. The jury made no factual determination regarding reasonably equivalent value or the issue of constructive fraud in the transfer of the second trust deed.
Yaffes counsel conceded this point in his oral argument on the motion for new trial: The one thing that special verdict did was prevent the jury from reaching the real question in this casewas San Diego Pallets worth a million dollars. It was a bad question. Yaffe thus asked for a new trial on an issue that she had not asked the jury to find on the special verdict form, and on which the jurys special verdict had made no factual determination: whether Eddie received reasonably equivalent value for the second trust deed on his residence.
On appeal, Yaffe makes the same argument, and asks us not only to find that the trial court abused its discretion when it denied her motion for new trial, but also to reverse the judgment. We review the special verdict de novo, interpreting it from its language considered in connection with the pleadings, evidence and instructions.
Zagami, Inc. James A. Crone, Inc. The sole question answered by the jury on the special verdict form was whether the transfer was made in order to avoid paying Yaffes judgment against Eddie Mendelsohn, for a finding that Aaron and Michael committed actual fraud under section The jury was instructed, pursuant to section The question of reasonably equivalent value thus was only one of many factors the jury could have considered in answering no as to both Aaron and Michael to the special verdict forms question whether the transfer was made in order to avoid paying Yaffe.
The jury was also instructed that Aaron and Michael claim [they are] not liable to plaintiff on the claim for actual fraud because defendants took the property from Eddie Mendelsohn in good faith and for a reasonably equivalent value. That defendants took the property from Eddie Mendelsohn in good faith; and [] 2. That they took the property for a reasonably equivalent value. See The special verdict form, however, did not ask whether or not the jury credited this affirmative defense, and no inference supporting that conclusion can be made.
In general, we reverse the trial courts determination of a motion for a new trial only if the trial court abused its discretion.
Aguilar v. Atlantic Richfield Co. It is obviously not an abuse of discretion to deny a new trial motion which argues a theory not presented to or decided by the jury in the verdict form prepared by the party arguing for a new trial. Yaffes appeal is entirely without merit. Yaffes appellate brief points out that Yaffes new trial motion argued that the special verdict question was erroneous. One claimed factual error was the use of the word judgment rather than claim and is not relevant to Yaffes argument on appeal.
Yaffes other claim of error argued in the new trial motion was that the special verdict form which, again, Yaffe prepared was legally incorrect, because it asked the jury to determine actual, not constructive, fraud in the transfer of the second trust deed.
She does not repeat this specious argument on appeal. Greer v. Buzgheia Cal. Yaffe also argues that the trial court misapprehended its role in considering the motion for new trial by its refusal to act as a thirteenth juror. This requires us to resolve a pure question of law, that is, the correctness of the legal standard applied by the trial court.
As the court had no discretion to apply an improper legal standard, we would ordinarily scrutinize this initial question de novo. The diode 30 produces a red light when an unauthorized person grips the gun The diode 32 produces a flashing or blinking light when the gun is in a problem status other than being gripped by a non-authorized person. For example, the light 32 may flash when the gun has no bullet in the chamber. This may be accomplished by a sensor subsystem which indicates magnetically the presence of a bullet in a chamber.
The disposition of the buzzer 26 and the diodes 28, 30 and 32 on the gun may be other than as shown in FIG. Furthermore, the buzzer 26 and the diodes 28, 30 and 32 are illustrative only of the types of sensors and indicators that may be used. A memory 34 FIGS. The memory 34 may be constructed in a conventional manner. The memory 34 stores in binary form the characteristics such as the optical characteristics and pattern of the swirls and grooves individual to the portion of the hand of an authorized user on the sensing pad This binary pattern is obtained by scanning the swirls and grooves in a conventional manner and by introducing the resultant signals to a finger print reader converter 36 FIGS.
The relative sizes of different elements such as the sensing pad 20 and the memory 34 are shown only schematically in the drawings and may not indicate the actual sizes of these elements. The memory 34 may have sufficient capacity to store in binary form the hand prints of several authorized users.
For example, FIG. The key 41 and the slot 40 may respectively have corresponding male and female patterns in a conventional manner so that only the key 41 can fit in the slot As shown in FIG. It will be appreciated that a different number of positions than three 3 may be provided without departing from the scope of the invention. At each position in the key barrel 44, an authorized person may grip the handle 14 to have that person's print pattern recorded and stored in a different portion of the memory This may be seen from FIG.
The conversion of a hand print to a digital form as by the converter 36 and the passage of the converted information through a switch such as the switch 38 to a memory such as the memory 34 are well known in the art.
In FIG. These signals pass through the AND network 77 when the membrane switch 24 is closed. The digital signals passing through the AND network 77 activate the memory 34 so that the memory records the signals in the portion of the memory indicated by the setting of a movable arm 41 of the switch The movable arm 41 may constitute the key 40 which engages individual stationary contacts of the switch in accordance with its rotational position in the barrel A receptacle 79 FIG.
The hand print from the external source 81 passes through the OR network 83 to the converter The resultant digital signals then pass through the AND network 77 and the switch 38 to the memory 34 when the membrane switch 24 is depressed and the key 40 is disposed in the barrel After the hand prints of up to three 3 different persons have been recorded in digital form in the memory 34 to authorize these people to fire the gun 10, one of these authorized people may grip the handle The sensing pad 20 then produces signals which are compared in a microprocessor 42 FIG.
This comparison may be on a sequential basis for such three 3 individuals as by scanning successive portions of the memory This is indicated in FIG. The microprocessor 42 also receives the signals from the sensing pad The construction and operation of a microprocessor such as the microprocessor 42 for providing a comparison are well known in the art. It will also be appreciated that the memory 34 may store the hand prints of more than three 3 authorized persons and that the key barrel 44 and the switch 43 may be moved to more than three 3 positions.
The microprocessor 42 senses whether the binary pattern for the hand print in the sensing pad 20 matches or coincides with the binary pattern stored in the memory 34 for the hand print of any one of the three 3 authorized persons.
When such a coincidence occurs, the microprocessor 42 produces a signal on a line 46 in FIG. This signal is introduced to the "true" input terminal of a flip-flop 48 in FIG.
The "true" output terminal of the flip-flop is connected to an input terminal of an OR network The output terminal of the OR network 50 is common with a gate of a transistor 52 which may be an n- type of CMOS transistor. The drain of the transistor 52 is connected to a reference such as ground. The source of the transistor 52 is common with the cathode of a diode 54 having its anode connected to a voltage source 56 for providing a positive potential and to one terminal of a solenoid The other terminal of the solenoid 58 is common with the source of the transistor A solenoid for use as the solenoid 58 is illustratively manufactured by Guardian Electric Manufacturing Co.
The solenoid 58 has a magnetizable armature 60 which operates as a magnetizable latching mechanism. The magnetizable latching mechanism enables a pin 62 FIG.
In a first position, the pin 62 releases a trigger 65 so that the trigger can be depressed to fire the gun. In the second position of the pin 62, the pin locks the trigger 65 FIG. The microprocessor 42 FIG. When a coincidence occurs in this comparison, the microprocessor 42 produces a signal which triggers the flip-flop 48 to the true state.
The resultant high voltage on the gate of the semiconductor 52 causes the semiconductor to become conductive and the solenoid 58 to become energized. The armature 60 accordingly moves to a position in which the pin 62 is latched in its first position. In this position, the trigger 65 is released so that it can be depressed to fire the gun. The green light 28 becomes illuminated at the same time as the release of the trigger 65 to indicate that the gun 10 is ready to be fired. The buzzer 26 may also be operated at this time.
The latching of the pin 62 to the first position as by the operation of the flip-flop 48 is advantageous since it minimizes any drainage of electrical power in energizing means such as a battery for the electrical circuitry. This energizing means may be the battery This results from the fact that the flip-flop 48, being bistable, has to be operative only for an instant. It will be appreciated that the pin 62 may be operated by mechanical means instead of by the solenoid 58 without departing from the scope of the invention.
A mechanical arrangement may be advantageous because it does not require electrical power for its operation. This reliability may be significantly increased by storing the same print in two 2 of the different positions in the memory When a coincidence occurs between the prints in the sensing pad 20 and the memory 34, the microprocessor 42 continues to confirm this coincidence.
It may sometimes happen, however, that the authorized person may lift his hand from the handle 14 or otherwise relinquish his grip on the handle. At such a time, the microprocessor 42 may produce a signal on a line This signal is introduced to timing circuitry such as a counter The counter 66 is preset to count a particular period such as approximately twenty 20 seconds. If this period passes without a signal on the line 46, the counter 66 counts down to a value such as zero 0.
At this count, the counter 66 passes a signal through the OR network 50 to the gate of the transistor The resultant current through the transistor 52 energizes the solenoid 58 and causes the rod 60 to move the pin 62 to the second position. In this position, the pin 62 locks the trigger 65 and prevents the trigger from being depressed. After the authorized user relinquishes the user's grip on the handle 14, the authorized user may subsequently grip the handle.
When this occurs, a signal is again produced on the line 46 to indicate a coincidence between the prints in the sensing pad 20 and the memory If this signal occurs while the counter 66 is still counting down to a value of zero 0 , the signal resets the counter so that its value is reset to a full value such as twenty 20 seconds.
The counter 66 is reset by a signal on a line 68 which coincides with the line The microprocessor 42 then continues to determine coincidence and maintains the count in the counter 66 at the full value of twenty 20 seconds upon a determination of coincidence.
The pin 62 is also maintained in the first position so that the gun 10 is prepared to be fired. When the gun 10 is fired, the depression of the trigger 65 causes the firing to be recorded at a special position in the memory For example, a switch 69 in FIG.
This may cause a clock 70 to pass signals representing time through an AND network 74 to a recording head 76 in the memory The converter 36 also passes signals at this time through an AND network 78 to a recording head 80 to record the signals in the sensing pad It may sometimes happen that an unauthorized user grips the handle When this occurs, the microprocessor 42 will produce a signal on the line 64 FIG.
When a signal is produced on the line 64, the print in the sensing pad 20 is converted to a digital form by the converter 36 in FIG. The binary signals representing the hand print of the unauthorized user are recorded in a separate section of the memory The time of such recording is also stored in the separate section of the memory 34 by the passage through an AND network 86 FIG.
At the same time, the red light 30 is illuminated to indicate that the gun 10 is not ready to be fired. When the handle 14 of the gun 10 is gripped, the switch 24 is closed as indicated at 90 in FIG.
The coincidence between the prints in the sensing pad 20 and the memory 34 is then determined as indicated at 92 in FIG. If a coincidence is not initially determined, a signal is provided in the microprocessor 42 to obtain another determination. This is indicated at 94 in FIG. When this occurs, the print of the unauthorized user is recorded in the memory 34 and the position of the pin 62 is checked as indicated at 95 in FIG. If the pin 62 is latched in the first position as indicated at 97, the pin 62 is actuated to the second position for preventing the trigger 65 from being depressed, as indicated at 93 in FIG.
A signal is then provided on a line to obtain another determination. If the pin 62 is latched in the second position to prevent the trigger 65 from being depressed, a signal is provided on the line to obtain another determination. If a coincidence is determined, the pin 62 is retracted to the first position as indicated at 96 in FIG. After the pin 62 has been retracted to the first position, the system continues to check the position of the membrane switch 24 as indicated at 99 in FIG.
If the membrane switch 24 has not been released, the pin 62 continues to be latched and the gun continues to be in a ready mode as indicated by the light emitting diode This is indicated by a signal on a line in FIG. When the membrane switch 24 is released, the count in the counter 66 is initiated as indicated at in FIG. The count-down timer 66 checks the position of the membrane switch 24 continuously. If the membrane switch 24 is re-depressed before the counter 66 counts down to 0, the system checks the position of a safety switch In one alternative position of the switch , a signal is produced on a line in FIG.
If the membrane switch 24 is not re-depressed before the counter counts to 0, a signal is produced on a line in FIG. This is indicated at in FIG. In the other alternative positive of the safety switch , after the membrane switch 24 has been re-depressed during the count-down time, a signal is produced on a line in FIG.
These memories and the microprocessor 42 execute the program logic functions as described in the flow chart shown in FIG. Also included in the microprocessor 42 are interval timers for keeping track of real-time e. This provides for uploading and downloading sending and receiving of information in the system. Illustrated in FIG. These fingerprints correspond to enrolled, and therefore allowable, prints of individuals in which the system will go into the enabled state by bringing the latching solenoid 58 to the state enabling the gun to fire.
The memory 34 also stores events such as the time and the date that the gun was fired and the identification based on the fingerprint of the individual firing the gun. Also stored in the memory 34 are fingerprints and the time and the date of the handling and attempted operation of the gun by unauthorized individuals who have picked up the gun.
The sensing pad 20 senses the fingerprints or palmprints. The data representing the print is then sent to the microprocessor The microprocessor 42 first selects and commands the sensing pad 20 to read the print. This is useful to enable controlled enrollment by users operating the terminal system. The event data is stored in the memory 34 and comprises events such as when the gun was fired and when the gun was picked up by an unenrolled and therefore unauthorized individual.
This data is stored in the memory A switch subsystem provides data to the microprocessor 42 to determine if the key 41 has been inserted into the slot 40 and to determine the position in which the key is disposed in the barrel The switch system also provides information to determine whether the sensing pad 20 is currently being depressed.
This information enables the microprocessor 42 to determine the proper operational and functional state of the key 41 and key barrel 44 in FIG. This is illustrated in the flow chart of FIG. A display subsystem in FIG. This state can be determined by means of a sensor subsystem which can illustratively determine if a bullet is lodged incorrectly in the gun chamber. This can cause the gun not to fire or misfire. The sensor subsystem can include a magnetic coil which can determine the presence of metal such as a bullet that is lodged in an improper position in the chamber.
A driver in FIG. The driver can be composed of a transistor array drive device with the higher voltage input derived from a power supply The power supply may be a battery system with voltage regulators and level converters that are well-known in the art. The bi-position latching solenoid 58 contains a pin that is controllable by the position of the solenoid. The pin enables or disables the operation of the gun.
The latching solenoid 58 can be of the magnetic latching type or the mechanical latching type in which two stable positions are achieved. This is important because, during operation, if power were required to be supplied to the solenoid 58, this requirement could drain the battery and prevent the gun from operating during a moment of crisis. By having a bi-position latching solenoid 58, a single pulse to the solenoid causes the pin to become actuated to a particular position without any additional expenditure of power from the power supply The flowchart operates by first reading the switch array positions of the barrel 44 in FIG.
The positions of the switch array are determined by the key 41 and the location e. If the key is not inserted in the barrel 44 and the sensing pad 20 is depressed and the data signal is not present, the system goes into the system operation as illustrated in the left portion of the flowchart in FIG.
If the key is not inserted in the barrel 44 and the sensing pad 20 is not depressed, the system goes into the system operation in FIG. As will be seen in the left portion of FIG. The hand print on a sensing pad like the sensing pad 20 is then sensed as at in FIG. The gun constituting this invention has certain important advantages.
It becomes activated instantaneously on a passive basis when an authorized user grips the handle 14 to fire the gun. The gun is accordingly ready to be fired immediately after the authorized user grips the gun.
Furthermore, as long as the authorized user is in possession of the gun, the identification of the authorized user cannot be altered since the identification is stored in the memory 34 which is internal to the gun. Even if the authorized user is not in the possession of the gun, the user's identification in the memory 34 cannot be altered as long as the user has the Key The gun constituting this invention also has other important advantages.
For example, when an authorized user has been identified and the gun has been prepared to be fired, the user can relinquish his grip on the gun and then grip the gun again for immediate firing.
Provided that the time between the grip relinquishment and the grip tightening occurs within a particular period such as twenty 20 seconds, the authorized user can immediately fire the gun.
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