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California Court of Appeal


Wells Fargo Bank, NA v. Baker, D058987

In a case in which a national bank, after using substituted service in Iowa without holding a certificate of authority to do business there, obtained a default judgment against California residents and registered that judgment in California pursuant to the Sister State and Foreign Money-Judgments Act, an order of the superior court vacating the judgment is reversed, as the Iowa statute requiring a certificate of authority to transact business in Iowa in order to use substituted service, as it applies to national banks, is preempted by the National Bank Act, because it infringes upon the power of a national bank to sue as fully as natural persons.

Appellate Information

  • Decided 04/04/2012
  • Published 04/04/2012

Judges

  • McIntyre

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Haight Brown & Bonesteel, The Schinner Law Group

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