Fidelity National Financial in v. Colin Friedman.

MEMORANDUM

Colin and Hedy Friedman (collectively “Appellants”) appeal the court’s denial of their motion to quash the enforcement of a 2002 California fraud judgment. Although the California judgment was registered in Arizona, Appellants claim the judgment was not renewed pursuant to Arizona law within five years of its entry and had consequently expired by 2008. Fidelity argues the California judgment was renewed by certain collection activities in Arizona and by a related racketeering lawsuit in California. We certified these questions to the Arizona Supreme Court and now adopt their answers. See Fidelity Nat’l Fin., Inc. v. Friedman, 225 Ariz. 307 , 238 P.3d 118, 123 (2010).

Arizona law provides that “an execution or other process shall not be issued upon a judgment ... [unless] an action is brought on it within five years from the date of [its] entry.... ” Ariz.Rev.Stat. Ann. § 12-1551(8); see id. § 12-1611 (“A judgment may be renewed by action thereon at any time within five years after the date of the judgment.”).

Fidelity claims that, under Section 1-215, which defines “action” to include “any matter or proceeding in a court, civil or criminal,” certain collection…