Commercial National Bank of Peoria v. Kermeen

Opinion

LOW, P. J.

We hold that a California judgment may not be based solely on a sister state judgment obtained pursuant to a cognovit clause 1 in a preprinted bank promissory note, where the debtor received no notice or opportunity to be heard in the foreign action and there is nothing in the record to show these rights were voluntarily and knowingly waived.

Byron L. Kermeen appeals from the denial of his motion to vacate a judgment based on a sister state money judgment. (Code Civ. Proc., §§ 1710.25, 1710.40.) We reverse and order the judgment vacated.

In April 1981 Kermeen borrowed…