California Court of Appeals, Second District, Sixth Division
BLIZZARD ENERGY, INC., Plaintiff and Respondent.
BERND SCHAEFERS, Defendant and Appellant,
Cal.Rptr.3d 490] Superior Court County of San Luis Obispo,
Linda D. Hurst, Judge (Super. Ct. No. 17CVP-0266)
Schaefers, in pro. per., for Defendant and Appellant.
Sheffield & Campbell and John H. Haan, Jr., Santa Barbara,
for Plaintiff and Respondent.
Schaefers appeals an order denying his motion to: (1) vacate
entry of a $3.825 million Kansas judgment, and (2) post a
undertaking to stay enforcement of the sister-state judgment
(Code Civ. Proc., § 1710.50, subd. (c)(1)). We affirm.
and Procedural History
2017, a Kansas jury awarded Blizzard Energy, Inc. (Blizzard),
a Kansas corporation, $3.825 million damages in a fraud
action against appellant. He appealed the judgment to the
Kansas Court of Appeals but did not request a stay of
enforcement or post a supersedeas bond as required by Kansas
law. (K.S.A. § 60-2103(d).)
Blizzard registered the judgment in California pursuant to
the Sister State Money Judgment Act (SSMJA; § 1710.10 et
seq.), appellant filed a motion to vacate entry of the
judgment and an ex parte application to stay enforcement of
the judgment. (§ 1710.50.) The San Luis Obispo County
Superior Court denied the motion to vacate entry of the
judgment but stayed enforcement of the judgment pending
resolution of the Kansas appeal, subject to the condition
that appellant post a $5,737,500 undertaking by April 6,
2018. (See § 1710.50, subds. (a)(1) & (c)(1).)
Appellant failed to post the undertaking and appealed the
SSMJA orders. On April [257 Cal.Rptr.3d 491] 19, 2019, the
Court of Appeals of the State of Kansas affirmed the $3.825
million judgment. (Bli ...