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COMMERCIAL NAT. BANK OF PEORIA v. KERMEEN

Docket No. A049617.

225 Cal.App.3d 396 (1990)

275 Cal. Rptr. 122

COMMERCIAL NATIONAL BANK OF PEORIA, Plaintiff and Respondent, v. BYRON L. KERMEEN, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

November 19, 1990.

Attorney(s) appearing for the Case

COUNSEL

Byron L. Kermeen, in pro. per, for Defendant and Appellant.

Connie F. Tietze for Plaintiff and Respondent.

OPINION

LOW, P.J.

(1) (See fn. 1.) We hold that a California judgment may not be based solely on a sister state judgment obtained pursuant to a cognovit clause1 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...

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