Terzich v. Medak

Opinion

CALDWELL, J.

*

This is an appeal from an order of the Superior Court of Contra Costa County which granted defendant’s motion to vacate a clerk’s judgment for plaintiff based upon a Nevada judgment.

[638]

Plaintiff and defendant are both attorneys. Defendant, who was unable to attend a court hearing in Minden, Nevada, on behalf of a client, requested plaintiff to make the appearance and personally guaranteed plaintiff’s fee. Plaintiff made the appearance and subsequently sent defendant a bill for $401.34. On May 18, 1976, approximately five weeks later, plaintiff filed a complaint against defendant for this sum in a Nevada trial court. Defendant was personally served on that day when he was in the corridor of the Minden, Nevada, courthouse prior to a court proceeding on behalf of his client.

Defendant filed a notice of motion to quash service of summons and to dismiss plaintiff’s complaint for lack of jurisdiction over defendant’s person on the ground that defendant had immunity from service of process while attending court. The Nevada trial court denied the motion. Defendant thereupon filed an answer denying all allegations of the complaint, and the matter was tried on July 27, 1976, at which time, defendant alleges, he again objected to the court’s jurisdiction on the grounds stated in the prior motion. On August 19, 1976, the Nevada court filed a judgment for $401.34, together with interest, costs of $40, and $250 attorney’s fee.

It does not appear that defendant took any further step.s in Nevada for relief against the rulings of the trial court, nor is there any contention to such effect. In Nevada notice of appeal must be filed within 30 days (2 Nev. Rules of Civ. Proc., rule 4(a); Nev. Rev. Stats. 1973), and we must assume that the judgment is now final.

In August 1976 plaintiff filed an application in the Superior Court of Contra Costa County, California, for entry of a judgment “based on a sister state judgment,” pursuant to sections 1710.15 et seq. of the California Code of Civil Procedure newly enacted in 1974.

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