Vaux

Vaux v. Sherman CA6

Good Law
Court of Appeal of CaliforniaAugust 25, 2014H039276California4,537 words

Opinion

Opinion

I. INTRODUCTION

In 1986, Marvin Sherman and Marie Sherman (the Shermans) obtained a $2.5 million default judgment in Colorado against Norman E. Vaux, Wilma A. Vaux, and Norman E. Vaux II. In 2011, the Shermans applied for entry of judgment on the Colorado judgment pursuant to the Sister State Money-Judgments Act. (Code Civ. Proc., § 1710.10 et seq.)1 Wilma Vaux was served with notice of entry of judgment on the sister state judgment in 2011, but she did not move to vacate the judgment within 30 days of being served, as required by section 1710.40, subdivision (b). In 2012, the trial court granted Wilma Vaux relief from default, thereby allowing her to bring a motion to vacate

1 All further statutory references are to the Code of Civil Procedure unless otherwise indicated. pursuant to section 1710.40, subdivision (b). The trial court then granted a subsequent motion to vacate the judgment, finding that the Shermans’ action on the sister state judgment was barred by the 10-year statute of limitations prescribed by section 337.5. The Shermans appeal from the trial court’s orders granting Wilma Vaux’s motion for relief from default and the motion to vacate the judgment.2 The…

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