L. I. Strickland and Bernard F. Wendt v. Jack Morgan Watt and Car Parts Manufacturing Corporation

Good Law
453 F.2d 393·1972 U.S. App. LEXIS 11817
United States Court of Appeals for the Ninth CircuitJanuary 17, 197225818California772 words

Opinion

Opinion

Several judgment creditors sought to enforce California judgments in the United States District Court in Arizona. The judgments were currently enforceable in California, which has a ten-year limitations period on judgments. C.C.P. § 337.5. However, the district court entered summary judgment for the appel-lees because of Arizona’s four-year statute of limitations on foreign judgments. A.R.S. § 12-544, subsec. 3.

1. Appellants argue that the Full Faith and Credit Clause of the Constitution compels recognition of California’s longer statute of limitations. The Supreme Court has held otherwise. Wells v. Simonds Abrasive Co., 345 U.S. 514 , 73 S.Ct. 856 , 97 L.Ed. 1211 (1954), is one of a long line of cases authorizing the forum to apply its own statute of limitations if it so desires. See also Pritchard v. Norton, 106 U.S. 124 , 1 S. A. 102, 27 L.Ed. 104 (1882); Hawkins v. Barney, 30 U.S. [5 Pet.] 457, 8 L.Ed. 190 (1831). The Full Faith and Credit Clause does not compel recognition of a different period. Wells, supra, 345 U.S. at 516-518 , 73 S.Ct. 856 , 97 L.Ed. 1211 .

Appellants suggest, on the authority of San Manuel Copper Corp. v. Redmond, 8 Ariz.App. 214 , 445 P.2d 162

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