Pratali

Pratali v. Gates

Bad Law
1992 Cal. App. LEXIS 326·4 Cal. App. 4th 632·5 Cal. Rptr. 2d 733·92 Daily Journal DAR 3558·92 Cal. Daily Op. Serv. 2298
Court of Appeal of CaliforniaMarch 13, 1992B058745California4,690 words

Opinion

Opinion

Johnson, J.

Appellant, Elgin T. Gates, by and through his special representative, Dollie Gates, appeals from an adverse judgment entered in an action on a prior judgment in favor of respondent, Wayne A. Pratali. We affirm.

Facts and Proceedings Below

The underlying action in the case at bar was submitted to the trial court on trial briefs and an agreed statement of stipulated facts. The agreed facts, in essence, are as follows:

In 1967, appellant Elgin T. Gates executed a promissory note in the principal sum of $16,500 in Las Vegas, Nevada, payable to respondent in San Francisco, California. When the note was not paid on the due date, respondent filed an action on the note.

On November 16, 1976, respondent received a judgment against appellant Elgin T. Gates in the amount of $23,417.44 which included the principal amount of the note, attorney fees, costs and interest.

After entry of judgment, but prior to 1980, appellant moved his domicile to Idaho where he resided until his death in 1988.

In 1980 respondent sent appellant a notice of recording of a sister state judgment in Idaho. In 1986, counsel for respondent wrote appellant a letter demanding payment on the judgment.

In…

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