Tsakos Shipping & Trading, S.A. v. Juniper Garden Town Homes, Ltd.

Good Law
12 Cal. App. 4th 74·15 Cal. Rptr. 2d 585·1993 Cal. App. LEXIS 7·93 Daily Journal DAR 238·93 Cal. Daily Op. Serv. 147
Court of Appeal of CaliforniaJanuary 5, 1993E008907California6,245 words

Opinion

Opinion

Dabney, J.

Defendant Juniper Garden Town Homes, Ltd. (Juniper), appeals from the denial of its motion to vacate a sister state money judgment entered in favor of plaintiff Tsakos Shipping and Trading, S.A. (Tsakos). Juniper contends: (1) the underlying judgment was void because: (a) process was never properly served on Juniper, (b) Juniper’s former general partner had no actual or apparent authority to bind the partnership in the matter that was the basis of Tsakos’s lawsuit, and (c) the judgment was obtained by extrinsic fraud or mistake; (2) the trial court erred in finding that Juniper had been represented by counsel in the New York action; and (3) counsel who purported to represent Juniper in the New York action had a conflict of interest, and Juniper was therefore deprived of a fair trial. In addition, Juniper requests this court to take judicial notice of certain records of the New York court.

Tsakos responds that Juniper’s motion to vacate the entry of sister state judgment was untimely, and in any event, the New York judgment was valid. Tsakos also objects to this court’s taking judicial notice of factual matters never presented to the trial court.

Factual and Procedural…

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