Baker

Wells Fargo Bank v. Baker

Good Law
139 Cal. Rptr. 3d 502·2012 Cal. App. LEXIS 383·204 Cal. App. 4th 1063·2012 WL 1109086
Court of Appeal of CaliforniaApril 4, 2012No. D058987California2,799 words

Opinion

Lead Opinion

McIntyre, J.

—In this case, a national bank sued California residents in Iowa and served them via substitute service with the Iowa Secretary of State as allowed by Iowa’s long-arm statute, Iowa Code section 617.3, subdivision (2) (section 617.3). The national bank obtained a default judgment against the California residents in Iowa and registered that judgment in California pursuant to the Sister State and Foreign Money-Judgments Act (Code Civ. Proc., § 1710.10 et seq.). The superior court vacated the judgment and the national bank appeals, contending the court erroneously interpreted section 617.3 to allow substitute service only when the contracting corporation was a “resident of Iowa” as this term is defined in section 617.3.

As we shall explain, we conclude that section 617.3, as it applies to national banks, is preempted by the National Bank Act because it infringes upon the power of a national bank to sue as fully as natural persons ( 12 U.S.C. § 24 , Fourth). Accordingly, we reverse the order.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2005, West Mullan Iowa LLC (West Mullan), an Iowa company, borrowed $868,950 from LaSalle Bank National Association (LaSalle) to purchase…

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