Hendrix
Liquidator of Integrity Ins. Co. v. Hendrix
Opinion
Opinion
Aldrich, J.
Introduction
In this case we are called upon to decide whether a party may vacate the entry of a sister state judgment in California pursuant to Code of Civil Procedure section 473. Appellant Michael B. Hendrix appeals from an order denying his motion made pursuant to section 1710.40 to vacate the entry of a sister state judgment. Hendrix argues that the grounds in section 473, mistake, excusable neglect and inadvertence, are applicable in a motion made pursuant to section 1710.40, and that his alleged excusable neglect of being ill and in the hospital during the New Jersey trial preventing his attendance, are legal grounds to vacate entry of the judgment in this state.
We disagree. We conclude that section 473 is a procedural remedy, not a defense, and therefore may not be utilized in this manner. The appropriate method of attacking a sister state judgment is under California’s Sister State Money Judgments Act, section 1710.10 et seq. (the Act), and appellant has failed to establish a defense under such Act. For the reasons we shall now discuss, we hold the trial court was correct in denying Hendrix’s motion to vacate and accordingly affirm.