Bodily
Rainier National Bank v. Bodily
Opinion
Opinion
Nott, J.
—Merrill D. Bodily and Tawna Bodily appeal from a denial of their motion for attorney’s fees. We reverse with directions.
Facts
Respondent Rainier National Bank (Rainier) obtained a judgment in the State of Washington against the Bodilys on the basis that they were guarantors of a promissory note.
The Washington judgment was entered on May 12,1988, and provided for principal and interest in the amount of $63,866.42, plus “. . . attorney’s fees and costs to be determined pursuant to the terms of the personal guaranty executed by defendants. ...”
On July 29, 1988, the Washington court awarded Rainier $6,878.25 for attorney’s fees and costs, making a grand total due of $70,744.67. Rainier applied under Code of Civil Procedure section 1710.10 et seq. for that exact amount to be entered as a judgment in California, and also sought newly accrued interest and costs.
After Rainier domesticated the judgment in California in late 1989, the Bodilys moved to have it vacated. At the conclusion of an evidentiary hearing, the trial court found that the Bodilys did not sign the guaranty nor did the State of Washington have jurisdiction over them and thereby granted the motion to…