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Blizzard Energy, Inc. v. Schaefers

California Court of Appeals, Second District, Sixth Division

January 13, 2020

BLIZZARD ENERGY, INC., Plaintiff and Respondent.
v.
BERND SCHAEFERS, Defendant and Appellant,

         [257 Cal.Rptr.3d 490] Superior Court County of San Luis Obispo, Linda D. Hurst, Judge (Super. Ct. No. 17CVP-0266)

          COUNSEL

          Bernd Schaefers, in pro. per., for Defendant and Appellant.

         Rogers, Sheffield & Campbell and John H. Haan, Jr., Santa Barbara, for Plaintiff and Respondent.

          OPINION

         YEGAN, J.

Page 296

          Bernd Schaefers appeals an order denying his motion to: (1) vacate entry of a $3.825 million Kansas judgment, and (2) post a $5,737,500

Page 297

undertaking to stay enforcement of the sister-state judgment (Code Civ. Proc., § 1710.50, subd. (c)(1)).[1] We affirm.

          Facts and Procedural History

         In 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).)

         After 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 ...


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