Kermeen

We hold that a California judgment may not be based solely on a sister state judgment obtained pursuant to a cognovit clause in a preprinted bank promissory note, where the debtor received no notice or opportunity to be heard in the foreign action and there is nothing in the record to show these rights were voluntarily and knowingly waived.

Byron L. Kermeen appeals from the denial of his motion to vacate a judgment based on a sister state money judgment. (Code Civ. Proc., §§ 1710.25, 1710.40.) We reverse and order the judgment vacated.

In April 1981 Kermeen borrowed $34,625.52 from a predecessor of the Commercial National Bank of Peoria (the Bank). The loan was due in 180 days and was secured by certain property designated by numbered collateral receipts.

The preprinted note included the following paragraph: “And further to secure the payment of this note, the undersigned upon nonpayment of this note when due hereby irrevocably make any attorney at law their attorney for them and in their name, to appear in any Court of Record, to waive service of process, and in term time or vacation confess a Judgment on this note in favor of the payee or holder hereof against the…