Balcom

Balcom v. Hiller

Bad Law
1996 Cal. App. LEXIS 647·46 Cal. App. 4th 1758·54 Cal. Rptr. 2d 536·96 Daily Journal DAR 8001·96 Cal. Daily Op. Serv. 5021
Court of Appeal of CaliforniaJuly 2, 1996B085703California2,837 words

Opinion

Opinion

Vogel, J.

Introduction

In November 1992, Kenneth L. Balcom (Balcom) sued Dawn Hiller (Hiller) based upon his claim that she appropriated $100,000 belonging to him. After Balcom had Hiller personally served in England, Balcom had a default entered against her in March 1993 and, after later conducting a prove-up hearing, had a default judgment entered against her in July 1993. In April 1994, Hiller moved to vacate the default and default judgment and to dismiss based upon lack of personal jurisdiction and failure to comply with the rules of the Hague Service Convention. The trial court denied her motion in its entirety. This propria persona appeal by Hiller follows. We affirm.

Factual and Procedural Background

On November 12,1992, Balcom filed his verified complaint, supported by several exhibits, against Hiller and Barclay’s Bank PLC (Barclay’s). Balcom alleged that in November 1988, he entered into an oral agreement with Hiller that she would act as his agent in investing his funds in stocks and commodities and receive one-half the profits generated. Balcom executed a limited power of attorney to give her access to his accounts. In June 1991, Balcom discharged Hiller. In August…

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