Jennett
Bank of America National Trust & Savings Ass'n v. Jennett
Opinion
Lead Opinion
Kolkey, J.
This is an appeal from an order denying a motion to vacate a California judgment based on a sister state money judgment in favor of plaintiff, Bank of America National Trust and Savings Association (the Bank), and against defendant Rene Jennett (Jennett).
Jennett’s sole contention on appeal is that the sister state judgment—a deficiency judgment resulting from a foreclosure action in Hawaii—cannot be enforced against him because the judgment was taken by default following service by publication pursuant to Hawaii Revised Statutes section 634-23, subdivision (4). He argues that that particular statutory subdivision precludes the imposition of a deficiency judgment against a nonresident served by publication. The Bank contends, on the other hand, that the Hawaii action is not governed by that statute, but instead by Hawaii Revised Statutes sections 634-35 and 634-36, which do not impose any such limitation.
As we shall explain, because the Hawaii court had jurisdiction over the subject matter and the parties in the underlying action, the full faith and credit clause of the United States Constitution (U.S. Const., art. IV, § 1) does not allow us—a California court—to enter…