Collateral Attack on Kansas Judgment Fails

Blizzard Energy, Inc. v. Schaefers, No. B290492 (D2d6 Jan. 13, 2020)

Defendant got hit with a $3.825 million judgment in Kansas. He didn’t post a bond to stay enforcement on appeal. Plaintiff domesticated the judgment in San Luis Obispo Superior Court under the Sister State Money Judgment Act, Code Civ. Proc. § 1710.10, et seq. Defendant moved to vacate the California judgment, which the trial court denied. The trial court ordered that Defendant needed to post a bond of 150 percent of the judgment to stay execution in California. Defendant appealed, without posting the bond. While this appeal was pending, the Kansas Court of Appeals affirmed, and the Kansas Supreme Court denied review.
 
The finality of the Kansas case is res judicata in California. Under full faith and credit, a judgment debtor can’t collaterally attack a judgment of another state’s courts because it’s wrong, or it’s inconsistent with state policy. He can only challenge it on grounds under which he can challenge an in-state judgment. Like non-finality, lack of jurisdiction, prior satisfaction, or extrinsic fraud. Once the Kansas judgment was final, none of those grounds even potentially exist in this case.
 
Affirmed.