A motion to vacate a sister state judgment in California is the topic of this blog post. Vacating a sister state judgment in California is authorized by Code of Civil Procedure section 1710.40.
The motion to vacate must normally be filed within 30 days after service of notice of entry of the sister judgment unless the judgment debtor was either not served or not properly served with notice of entry of the sister state judgment, or was not properly served with process in the sister state action.
Code of Civil Procedure section 1710.40(a) states that, “A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister state judgment, including the ground that the amount of interest accrued on the sister state judgment and included in the judgment entered pursuant to this chapter is incorrect.”
The Law Revision Comment for section 1710.40(a) states that, “Common defenses to enforcement of a sister state judgment include the following: 1 the judgment is not final and unconditional . . . ; 2 the judgment was obtained by extrinsic fraud; 3 the judgment was rendered in excess of jurisdiction; 4 the judgment is not enforceable in the state of rendition; 5 the plaintiff is guilty of misconduct; 6 the judgment has already been paid; and 7 suit on the judgment is barred by the statute of limitations in the state where enforcement is sought”. Law Revision Com. com., 19A West’s Ann. Code Civ. Proc. (1982) foll. § 1710.40, p. 694.
And a California Court of Appeal has stated that the sister state must have had jurisdiction over the parties and the subject matter, and all interested parties must have been given reasonable notice and an opportunity to be heard before the sister state judgment should be given full faith and credit by a California Court.
It should be noted that the party filing a motion to vacate a sister state judgment has the burden of proof by a preponderance of the evidence that it is entitled to relief.
Filing a motion to vacate a sister state judgment stays enforcement until the motion to vacate has been determined. See Code of Civil Procedure section 1710.50(a)(3).
Attorneys or parties in California who would like to view a portion of a sample motion to vacate a sister state judgment in California sold by the author can see below.
The author of this blog post, Stan Burman, is an entrepreneur and freelance paralegal who has worked in California and Federal litigation since 1995 and has created over 245 sample legal documents for California and Federal litigation. If you are in need of assistance with any California or Federal litigation matters, Mr. Burman is available on a freelance basis. Mr. Burman may be contacted by e-mail at DivParalgl@yahoo.com for more information. He accepts payments through PayPal which means that you can pay using most credit or debit cards.
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