Weir

This action was brought to recover money due under a Washington judgment. Summary judgment was entered in favor of plaintiff. Defendants' appeal raises a single issue of whether the Washington statute which places a six-year limitation upon the effect of a judgment should operate to extinguish the California judgment when six years have elapsed from the date the Washington judgment was entered.

The facts pertinent to this issue may be stated briefly. On October 19, 1956, a judgment was entered in the Superior Court of the State of Washington for King County in favor of plaintiff and against defendants in the amount of $47,407.96 plus costs. No part of that judgment has been paid. On October 2, 1961, plaintiff commenced an action upon that judgment in the Superior Court of the State of California for Los Angeles County. On October 16, 1962, judgment was entered in the latter court in favor of plaintiff and against defendants for the amount of the Washington judgment plus accrued interest thereon.

The complaint in this action alleges (and the answer admits) that defendants are residents of the State of Washington. Neither party makes any contention that the present or past…

This action was brought to recover money due under a Washington judgment. Summary judgment was entered in favor of plaintiff. Defendants' appeal raises a single issue of whether the Washington statute which places a six- year limitation upon the effect of a judgment should operate to extinguish the California judgment when six years have elapsed from the date the Washington judgment was entered.

The facts pertinent to this issue may be stated briefly. On October 19, 1956, a judgment was entered in the Superior Court of the State of Washington for King County in favor of plaintiff and against defendants in the amount of $47,407.96 plus costs. No part of that judgment has been paid. On October 2, 1961, plaintiff commenced an action upon that judgment in the Superior Court of the State of California for Los Angeles County. On October 16, 1962, judgment was entered in the latter court in favor of plaintiff and against defendants for the amount of the Washington judgment plus accrued interest thereon.

The complaint in this action alleges (and the answer admits) that defendants are residents of the State of Washington. Neither party makes any contention that the present or…

I dissent.

The Washington judgment should be read as if it contained in terms the statutory limitation; thus upon the expiration of six years it ceased to be a judgment for any purpose. The present action was not upon the debt; it was upon the judgment. The California judgment could not add to or detract from that judgment in any material respect. It could not delete the limitation of the Washington judgment and in so doing render an entirely different judgment. It should have incorporated a limitation in accordance with the Washington statute.