Gilmer v. Spitalny

In Gilmer v. Spitalny (1948) 84 Cal.App.2d 39, an Arizona judgment imposed recovery on a husband and wife for a community debt. (Gilmer, supra, 84 Cal.App.2d at p. 40.) The plaintiffs thereafter filed an action in California to obtain a personal judgment against the wife for nonpayment of the Arizona judgment. (Id. at pp. 41-44.) The appellate court held that the language of the Arizona judgment disclosed an intent that it would be enforced only against the wife's interest in the community property and she would not be personally liable for the debt; under the full faith and credit clause, therefore, the California judgment would have to be restricted to her interest in the community property. (Id. at pp. 44-45.) In Gilmer, the sister state judgment precluded liability on the defendant except as to her interest in community property.