Fiscus
Cadle Co. II, Inc. v. Fiscus
Opinion
Opinion
O'Leary, J.
— The Cadle Company II, Inc. (Cadle), appeals from the trial court’s order granting Wayne Fiscus’s motion to quash service of summons in its action to revive a 1992 money judgment against Fiscus. The trial court concluded the independent action to enforce the judgment required Fiscus have current contacts with the State of California and the original judgment did not suffice for minimum contacts. We disagree and reverse the order.
FACTS
In 1991, Fiscus defaulted on a promissory note, executed in California in 1987, held by Union Bank. Union Bank assigned the debt to The Best Service Company (Best), and Best filed suit. Fiscus, who was then a resident of Arizona, answered the complaint. On February 27, 1992, after Best apparently successfully moved for summary judgment, a judgment was entered in San Mateo County against Fiscus in Best’s favor for $14,800.45, representing the promissory note’s unpaid balance of $9,201.41, plus accrued interest, attorney fees, and costs (hereafter the 1992 judgment). On June 21, 2001, Best assigned the unsatisfied judgment to Cadle.
On February 25, 2002, Cadle filed an application with the Clerk of the San Mateo County Superior Court…