The REMM Group v. Dawood CA4/3

Filed 9/30/15 The REMM Group v. Dawood CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE REMM GROUP,

Plaintiff and Appellant, G050000

v. (Super. Ct. No. 30-2010-00405591)

AMIR DAWOOD et al., OPINION

Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Gregory H. Lewis, Judge. Appeal dismissed. Law Offices of Stephen W. Johnson and Stephen W. Johnson for Plaintiff and Appellant The REMM Group. Mundell, Odlum & Haws, LLP and Karl N. Haws and Jim C. Moore for Defendants and Respondents Cameron Johnson, Vance Johnson, Joana Johnson, Jesse Johnson, Wynema Johnson, and Sana Johnson.

In this appeal, a discharged receiver, The REMM Group (REMM), appealed from a judgment after the successor receiver, Beeline Realty, Inc., entered into a settlement with respondents Amir Dawood et al. After REMM filed an opening brief in which it disputed the validity of three 2011 orders sustaining demurrers, Respondents Cameron Johnson, Vance Johnson, Joana Johnson, Jesse Johnson, Wynema Johnson, and Sana Johnson filed their brief and a motion to dismiss the appeal, arguing REMM does not have standing to appeal. We agree and dismiss the appeal. FACTS In 1996, the D. Robert Johnson Family Projects partnership (FPP) was formed as a California Limited Partnership by D. Robert Johnson and his wife, Odette Semaan Johnson (referred to collectively as the Johnsons). After forming FPP, the Johnsons transferred their assets into the partnership and subsequently transferred limited ownership of FPP to their children and their children’s spouses, Cameron Johnson, Vance Johnson, Joana Johnson, Jesse Johnson, Wynema Johnson, and Sana Johnson (referred to collectively as the Limited Partners). Section 10.5 of the partnership agreement included a deficit restoration obligation (DRO). The Johnsons later realized they would not be successful in avoiding creditors by transferring assets to their children and their children’s spouses through FPP. The Johnsons entered negotiations with Amir Dawood (Amir), Jamal Dawood, and Younan Dawood (collectively referred to as the Dawoods), who claimed they could assist FPP and its partners in defrauding creditors. The Johnsons and the Dawoods devised a plan to transfer assets to the Dawoods through the fabrication of debt instruments and agreements. The Dawoods and the Johnsons planned to split the funds upon completion of the plan. The Limited Partners allegedly agreed to contribute to the effort to defraud the creditors of FPP.