Guam Economic Development Authority v. David J. Ulloa

Good Law
841 F.2d 990·1988 WL 20437·1988 U.S. App. LEXIS 3216
United States Court of Appeals for the Ninth CircuitMarch 14, 198886-2535California1,635 words

Opinion

Opinion

Poole, J.

David, Juanita and Richard Ulloa (hereinafter collectively “Ulloa”) appeal from an order of the district court granting the motion of Western Systems, Inc. (“WSI”) for an order enforcing judgment. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The District Court of Guam, sitting as a local court of original jurisdiction, entered judgment for WSI and against Ulloa and various other defendants on November 18, 1977. Thereafter WSI made numerous unsuccessful attempts to collect from Ulloa. By May 1979 it became apparent that further attempts at enforcement would be fruitless; accordingly, WSI focused its collection energies on the remaining judgment debtors. On July 15,1986, more than eight years after entry of judgment, WSI sought further enforcement authorization pursuant to Guam Code of Civil Procedure Section 685. That motion was granted and this appeal timely followed.

Ulloa questions the propriety of the district court’s conclusion that § 685, as amended, authorizes the order. Section 685 interacts with two other Guamanian statutes. Section 681 provides that a writ of execution will issue as a matter of right for five years after entry of judgment; section 336…

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