McGuire

McGuire v. Brightman

Good Law
145 Cal. Rptr. 256·1978 Cal. App. LEXIS 1551·79 Cal. App. 3d 776·4 Media L. Rep. (BNA) 1031
Court of Appeal of CaliforniaApril 12, 1978Civ. 40801California3,189 words

Opinion

Opinion

Anello, J.

This is an appeal from a judgment ordering enforcement of a South Dakota libel judgment of $100,000 taken against appellant after his default in the South Dakota action.

The appeal before us is on an extremely abbreviated record. Neither party requested that the oral proceedings, if any, be transcribed. All we have before us is the clerk’s transcript which contains all of the pleadings filed in the trial court, in addition to declarations of the parties in support of respondent’s motion for a summary judgment.

The sole question on this appeal is whether the South Dakota judgment is the type of judgment of a sister state to which the courts of California are required under article IV, section 1 of the United States Constitution to give full faith and credit.

Appellant argues that the South Dakota judgment was null and void for lack of jurisdiction over him in that at no time did he ever do business or commit a tort in the State of South Dakota. United Native Americans, Inc., a codefendant in both the South Dakota and the California actions, failed to answer the California superior court complaint and a default was entered as to it, and it is not a party to this…

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