Pak v. Kim CA5
Defendant Jung Han Kim appeals from an order denying his motion to vacate a California judgment entered on an Oregon judgment obtained by default in 2009. The Oregon judgment held Kim liable for approximately $1.8 million. After accrued interest, the California judgment totaled over $2.7 million.
Kim asserts the Oregon court never had personal jurisdiction over him because he was never served. The trial court considered Kim’s testimony and that of the process server who claimed to have personally served Kim at an address in Fresno on August 26, 2008. The court stated the testimony of each was equally believable, concluded Kim failed to carry his burden of proof, and denied his motion to vacate the California judgment.
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