Kupfer v. MacDonald

SHENK, J. —

The plaintiff brought this action to set aside as void a judgment rendered against him in another action wherein no appeal had been taken from the judgment and the same had become final. Judgment was entered for the defendants and the plaintiff has appealed.

The judgment in the former action was rendered in favor of the Labor Commissioner of the State of California in an action brought by him in 1933 as assignee of labor claimants against Kupfer and Eustace. The judgment was for $803.19 and represented the amounts found to be due from the defendants on wage claims of the several assignors of the plaintiff in that action plus interest thereon and costs. In the present action it is alleged that the judgment was wholly satisfied by the payment by Eustace of the sum of $400 to the labor claimants, and that after such payment an assignment of the judgment was taken by Fourl, but in behalf of Kupfer’s co-judgment debtor, Eustace. The grounds of the plaintiff’s right to relief are alleged to be, first, that there had been full satisfaction of the judgment by virtue of the payment of $400 to the Labor Commission for the claimants; second, that extrinsic fraud was committed in the action in which the judgment was rendered whereby Kupfer was prevented by the plaintiff therein from making a defense claimed to be available to him

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in that action, based on alleged false representations to Kupfer by the Labor Commissioner that assignments of the labor claims to him included claims against Kupfer, as employer ; third, that purported assignments successively to Fourl, Martin and Levinson of the judgment after satisfaction thereof as aforesaid were a nullity; and fourth, that Fourl was acting for Eustace in the purported purchase of the judgment for $400 and in such event, the liability of Kupfer was for contribution only and not for the full amount of the judgment.

The trial court found that the allegations of assignment of the labor claims to the Labor Commissioner in the action brought by him were not false; that no deception was practiced upon Kupfer; that he was not prevented from making a full defense in said action; that Eustace did not purchase the judgment in favor of the labor claimants, but that Fourl purchased their claims and the judgment with his own funds and for his own account for the sum of $400; and that Eustace did not satisfy the judgment by payment of any funds.