Thorley v. Superior Court
| Citation | 78 Cal.App.3d 900,144 Cal.Rptr. 557 |
| Parties | William R. THORLEY, Petitioner, v. SUPERIOR COURT, etc., COUNTY OF SAN DIEGO, Respondent; Thomas J. THORLEY, Real Party in Interest. Civ. 16801. |
| Decision Date | 20 March 1978 |
| Court | California Court of Appeals |
Charles F. Abbott and Peter J. Mueller, Escondido, for petitioner.
Higgs, Fletcher & Mack and Thomas E. Miller, San Diego, for real party in interest.
No appearance for respondent.
Petitioner William R. Thorley seeks a prerogative writ to compel the San Diego County Superior Court to grant a stay of proceedings, to vacate its trial setting, and to admit a foreign will to probate for ancillary administration.
The principal question presented is whether an appealable Utah judgment admitting a will to probate is a final judgment entitled to full faith and credit by the courts of this state.
Lester R. Thorley (decedent) died on December 21, 1975 in Cedar City, Utah. He left two wills, one dated February 12, 1964, executed in Escondido, California (California will), and one dated May 19, 1975, executed in Cedar City, Utah (Utah will).
Under the California will, the estate passes to Thomas and Melvin Thorley, California residents and real parties in interest. Under the Utah will, the estate passes to William R. Thorley, a Utah resident and petitioner in this proceeding.
At the date of decedent's death, the estate was valued at approximately $260,000, consisting of $200,000 in California financial institutions and $60,000 worth of commercial real property located in Utah.
On December 29, 1975, William petitioned in Utah to admit the Utah will to probate. On January 6, 1976, Thomas filed a petition for probate of the California will in California. William promptly filed a contest in California asserting the revocation of the California will by the more recent Utah will. Within days, Thomas filed his contest to the Utah will in the Utah district court, alleging undue influence.
On February 2, 1976, after certain technical defects in giving notice of the hearing of "Petition for Probate of Will", William filed another petition for probate of the Utah will in Utah; Thomas did not contest the February 2 filing, choosing instead to take advantage of section 75-3-12 of the Utah Probate Code, which permits a filing of contest within six months after the admission of the will to probate.
On April 14, 1976 the District Court of Iron County, Utah, admitted the Utah will to probate. Relying on that action, William moved for summary judgment and/or a stay of the California proceedings which had been set for hearing on May 17, 1976. On June 9, 1976 the California court denied the motion for summary judgment pending final determination of the Utah proceedings but granted a stay on the ground of comity.
The next round was fired in October 1976 when Thomas filed his contest after probate in Utah. A jury trial was set on the issue of domicile; a trial on the merits of his undue influence claim was to follow. After a number of continuances the parties and court agreed to hear the matter on May 23, 1977.
On that date, after the Utah court heard and denied Thomas' motions for a continuance, stay of proceedings, and change of venue, the trial on the domicile issue began. After five days of receiving evidence and argument, the jury found by special interrogatories that the decedent, a long-time California resident, had become domiciled in Utah.
After the trial on domicile, the Utah court discovered the jury had prematurely discussed the question of undue influence among themselves. As a result, the jury was dismissed, and the matter was continued to June 28, 1977.
On June 24, 1977, upon Thomas' motion supported by affidavit, the San Diego County Superior Court, expressing shock as to the manner in which the Utah proceedings were conducted, removed the existing California stay order and set the California matter for hearing on July 26, 1977.
On June 27, 1977, the Utah Supreme Court denied a "Petition for Interlocutory Appeal" which had been filed by Thomas. This prompted renewed motions in Utah by Thomas for a continuance and a change of venue. Both motions were denied on June 28, 1977 and the Utah district court ordered the trial to go forward on the issue of undue influence.
At this point, Thomas abandoned the Utah contest and withdrew from the proceedings in Utah. William presented his case and the Utah court entered a judgment in his favor, readmitting the Utah will to probate on July 1, 1977.
William then moved the San Diego County Superior Court for orders reinstating the stay, vacating the trial setting, and admitting the Utah will to probate for ancillary administration. The motions were based on the mandate of the full faith and credit clause (U.S.Const., art. IV, § 1), the doctrine of res judicata, and on California Probate Code section 362.
On July 8, 1977, the superior court heard arguments and denied William's motions. The disposition of the interlocutory appeal and the rendition of the final Utah judgment were presented to the lower court during argument.
Notice of appeal to the Utah Supreme Court was then filed by Thomas on July 28, 1977. At issue in that appeal are alleged errors and violations of due process in the Utah district court.
William, on August 19, 1977, filed the present petition for an extraordinary writ seeking, in essence, to compel the trial court to grant his motions.
Because of the problems and expense associated with multiple proceedings, the increasing possibility of inconsistent judgments, and the importance of the principles at issue, we concluded appeal from judgment was an inadequate remedy and issued an order to show cause.
William's position is straightforward: The Utah court, having personal and subject matter jurisdiction, has determined the validity of the Utah will. Therefore, it is urged, the decree admitting the Utah will to probate is a final judgment on the merits, binding on Thomas under the doctrines of res judicata and collateral estoppel, and entitled to full recognition by California courts under the full faith and credit clause of the federal Constitution 1 and California Probate Code section 362. 2 Accordingly, the superior court, by denying William's motions to reinstate the stay order, vacate the trial setting, and admit the Utah will into probate for ancillary administration, is claimed to have abused its discretion and acted in excess of its jurisdiction.
Real parties in interest contend the action of respondent court was proper because the decree of the Utah court admitting the Utah will to probate was not a final judgment on the merits entitled to res judicata effect at the time the California court acted. Thus, it is argued, the full faith and credit clause, a national res judicata doctrine, was not violated. Furthermore, it is maintained, even if such a judgment ordinarily would be entitled to full faith and credit, due process violations occurring in connection with the Utah proceeding compel that this judgment be treated differently. Finally, real parties assert Probate Code section 362 is inapplicable to the case at bar.
It is well settled that the principle of full faith and credit requires only that a valid judgment of one state be given the same effect in a sister state as it would have in the rendering state (Reynolds v. Stockton, 140 U.S. 254, 264, 11 S.Ct. 773, 775, 35 L.Ed. 464); a judgment need not be given greater effect abroad than it enjoys at home. Thus, "(f)ull faith and credit demands only that the Utah decree receive as much recognition in California as it would in Utah." (Farley v. Farley, 227 Cal.App.2d 1, 6, 38 Cal.Rptr. 357, 361; People of State of New York v. Halvey, 330 U.S. 610, 614, 67 S.Ct. 903, 906, 91 L.Ed. 1133.)
As a corollary of this broader principle, "a judgment will not be recognized or enforced in other states insofar as it is not a final determination under the local law of the state of rendition." (Rest. 2d Conf. of Laws, § 107.) Since a judgment will not have the force of res judicata as to issues that remain subject to final determination, a state is not required by the full faith and credit clause to recognize or enforce a judgment rendered in a sister state insofar as the judgment is not a final determination. (Id., com. b.)
We must initially determine whether the decree of the District Court of Iron County, Utah, was a final judgment for the purpose of full faith and credit. At the time the superior court denied petitioner's motions, July 8, 1977, the decree of the Utah district court was entered but was still appealable. 3 Since "(t)he law of the state of rendition determines whether . . . a judgment is final" (Rest. 2d Conf. of Laws, § 107, com. c), we turn to Utah law.
Section 75-1-304 of the Utah Uniform Probate Code states:
"Unless specifically provided to the contrary in this code or unless inconsistent with its provisions, the rules of civil procedure, including the rules concerning vacation of orders and appellate review, govern formal proceedings under this code."
Rule 81, subdivision (b) of the Utah Rules of Civil Procedure provides:
"These Rules shall not apply to proceedings in uncontested probate and guardianship matters, but shall apply to all proceedings subsequent to the joinder of issue therein, including the enforcement of any judgment or order entered."
Rule 62 of the Utah Rules of Civil Procedure pertains generally to the enforcement of judgments. Subdivision (a) provides:
"Execution or other proceedings to enforce a judgment may issue immediately upon the entry of the judgment, unless the court in its discretion and on such conditions for the security of the adverse party as are proper, otherwise directs."
Subdivision (d) provides for stay upon appeal:
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