Lewis v. Linder

California Court of Appeal Jun 12, 1963 No. Civ. 26882Published

Before: Jefferson

AI Brief

AI-generated · verify before citing

Holding. A judgment from a sister state is entitled to full faith and credit when the jurisdictional issues were expressly litigated and decided by the rendering court, rendering those findings res judicata.

Issues

Whether a California court may permit the relitigation of jurisdictional issues previously decided by an Arizona court.
Whether a final judgment from a sister state is entitled to full faith and credit when the defendant appeared and contested jurisdiction in the original proceeding.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“If the court of the sister state which rendered the decree has expressly litigated the question of jurisdiction, that determination is res judicata and is itself protected by the full faith and credit clause.”

“The jurisdictional and fraud questions cannot be relitigated a second time in another state.”

“Said Arizona judgment is res judicata as between the parties hereto, is entitled to full faith and credit in the State of California, and is not subject to collateral or other attack by defendant herein.”

JEFFERSON, J.

This is an appeal from a judgment based upon a foreign judgment of the State of Arizona entered on January 21,1957.

A summary of the facts is as follows: Appellant was personally served with a writ of garnishment in Phoenix, Arizona, on April 15, 1955. Subsequent to the service of the writ, appellant made a motion in the Arizona proceeding to quash service alleging, among other things, lack of jurisdiction of both person and subject matter. The motion to quash was denied and a judgment was entered in favor of Stroek and Co., Inc., and against appellant. Appellant then made a motion for a new trial, which motion was granted. Respondents herein intervened in the Arizona proceeding and a second trial was had. Appellant, appearing in the second trial both in person and by counsel, objected to the proceedings on the grounds that he had not been properly served and was not ready to defend the claim. Again, he objected to the jurisdiction of the Arizona court to try the matter, which objection was overruled. He participated in the trial testifying in his own behalf. Judgment was rendered against him. He appealed from the judgment to the Arizona Supreme Court which affirmed the judgment on December 17, 1958.

Appellant contends the trial court in this state committed reversible error in not permitting evidence on the issue of jurisdiction of the Arizona court. This contention is devoid of merit. Appellant contended unsuccessfully in Arizona that the Arizona court was without jurisdiction to try the ease against him and judgment was given against him, which judgment was affirmed on appeal.

We agree that as a general rule a judgment of a sister state having no jurisdiction to render the judgment is not entitled to the full faith and credit which the Constitution of the

[152]

United States demands and further that the courts of our state will not recognize a judgment of a sister state if that state did not have jurisdiction. However, “If the court of the sister state which rendered the decree has expressly litigated the question of jurisdiction, that determination is res judicata and is itself protected by the full faith and credit clause. The question may not be relitigated in this state. [Citation.] In the

Lewis v. Linder

AI Brief

JEFFERSON, J.

More from California Court of Appeal

Related research

AI Brief