California Court of Appeal

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Conseco Marketing v. IFA and Ins. Servs., Inc., B244444

The trial court's order denying defendant-judgment debtors' motion to set aside default and vacate the judgment obtained by plaintiff-judgment creditor pursuant to the Sister State and Foreign Money Judgments Act (SSFMJA) is affirmed, where: 1) a judgment creditor which is a foreign limited liability company does not have to qualify to do business in California in order to enforce a sister state judgment under the SSFMJA; and 2) substantial evidence supports the trial court's findings that defendant-judgment debtors were served properly with process in the sister state action and with notice of entry of the judgment through their designated agent for service in California, and the motion was time-barred because it was made 17 months, rather than within 30 days, after proper service on defendant-judgment debtors with notice of entry of the judgment.

Appellate Information

  • Decided 11/25/2013
  • Published 11/25/2013

Judges

  • MALLANO

Court

  • California Court of Appeal

Counsel