Jiminez

This appeal by Promotus Enterprises, Inc. (hereafter Promotus) from a judgment sustaining the affirmative defense of lack of jurisdiction in personam of defendants, Xavier and Edith Jiminez (hereafter collectively Jiminez) in Promotus’ Marin County action to set aside certain alleged fraudulent conveyances in order to execute on a prior judgment obtained by Promotus in Los Angeles against Pacific Scopitone, a partnership, presents a question of first impression. Promotus asserts that: 1) as a matter of law, in order to be bound as an individual, Jiminez did not have to be personally served in the Los Angeles action or have knowledge of it; 2) the trial court erred in determining as a question of fact whether the attorney who made the general appearance for the partnership in the Los Angeles action was authorized to also appear on behalf of Jiminez individually; and 3) the findings are not supported by the evidence.

The basic facts are not in dispute. Commencing in 1964, Jiminez entered into a limited informal partnership with John P. Parsons, Jacob W. Ehrlich and others, for the purpose of promoting and leasing the Scopitone machine, a juke-box type of entertainment…