Sanpietro

Sanpietro v. Collins

Good Law
1967 Cal. App. LEXIS 2094·250 Cal. App. 2d 203·58 Cal. Rptr. 219
Court of Appeal of CaliforniaApril 18, 1967Civ. 30090California2,258 words

Opinion

Opinion

Bishop, J.

The defendants are appealing from a summary judgment entered in this action, which is based upon a summary judgment entered in a superior court in Arizona.

We are satisfied that the declaration in support of plaintiffs’ motion in this action contained facts entitling them to the California judgment which they obtained, and that the defendants failed to set forth facts showing that they had a good or substantial defense to plaintiffs’ cause of action. In such a situation a summary judgment in plaintiffs’ favor is authorized by section 437e, Code of Civil Procedure, and so it is that we are affirming the judgment from which the defendants have appealed.

Not much light is thrown upon our picture by the pleadings. The complaint attaches and incorporates by reference a copy of the Arizona summary judgment awarding $17,958.04 to the plaintiffs Sanpietro, together with interest and $1,795.80 as attorney fees, no part of which, it is alleged, has been paid. The defendants Collins answered by denying everything except that the Arizona superior court existed and adding, affirmatively, (1) that the Arizona court “had no personal jurisdiction” over them, and (2) that the Arizona action,…

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