Little v. Stevens

Opinion

COBEY, Acting P. J.

The sole question on this appeal from a summary judgment in favor of plaintiff is whether an action lies in California to enforce an Oklahoma money judgment, unstayed but under appeal there. In other words, is this the type of judgment of a sister state to which the courts of California are required under article IV, section 1 of the United States Constitution and 28 United States Code section 1738 to give full faith and credit? The trial court ruled in effect that the Oklahoma judgment was a final judgment

for this purpose.

We agree and affirm.

Code of Civil Procedure, section 1913, in effect since 1872, provides in relevant part that: “The effect of a judicial record of a sister state is the same in this State as in the state where it was made, except that it can only be enforced here by an action or special proceeding . ...” A judgment is a judicial record within the meaning of this section.

(Smith

v.

Smith,

115 Cal.App.2d 92, 102 [251 P.2d 720];

Hood

v.

Hood,

211 Cal.App.2d 332, 337-338 [27 Cal.Rptr. 47].) Oklahoma Statutes, section 968 provides in substance, with an exception here immaterial, that no proceeding to reverse, vacate or modify a judgment shall stay its execution unless an appropriate stay bond is filed.

1

No such bond was filed in this case. Conse

[114]

quently the Oklahoma judgment before us is subject to execution, that is, enforcement in Oklahoma. This being the case, under section 1913 an action to enforce the judgment in this state lies.

In 1870, two years before the enactment of section 1913, our Supreme Court held in

Taylor