Epps v. Russell

Opinion

KINGSLEY, Acting P. J.

Plaintiff appeals from an order vacating a judgment entered in his favor under section 1710.10 et seq. of the Code of Civil Procedure. For the reasons set forth below we reverse the order.

On May 4, 1965, plaintiff obtained a judgment against defendant, in a Texas court, for a substantial amount of money. That judgment has long since become final. On April 29, 1975, plaintiff filed an application, pursuant to section 1710.15 of the Code of Civil Procedure, for the entry of a California judgment based on that Texas judgment. On May 9, 1975, pursuant to section 1710.25, the clerk of the superior court entered a judgment in accordance with the application. On July 17, 1975, notice of the entry of that judgment, required by section 1710.30, was personally served on defendant. On August 15, 1975, defendant, pursuant to section 1710.40, filed a motion to vacate that judgment. The motion to vacate was heard and, on September 29, 1975, it was granted. This appeal followed. We reverse.

The Sister State and Foreign Money Judgments Act (Code Civ. Proc., §§ 1710.10-1710.65) provides a simplified alternative to the common law action of

debt sur record

for establishing a foreign money judgment as a judgment enforceable in this state. Under section 1710.40, a judgment entered by the clerk pursuant to an application therefor, may be vacated “on any ground which would be a defense to an action in this state on the sister state judgment.” (Code Civ. Proc., § 1710.40, subd. (a).) Stripped of its verbiage, the principal ground urged by defendant in support of his motion to vacate was that the 10-year statute of limitations (Code Civ. Proc., § 337.5, subd. 3) applies to, and bars, plaintiff’s proceeding. We reject that contention.

[204]

So far as we are advised, this is a case of first impression. Plaintiff argues that the filing of the application under section 1710.15 is the equivalent of the filing of a complaint in an action on the judgment and that, under long settled principles, such a filing stops the running of a statute of limitations. Defendant, relying on

Berger

v.