Kelvin Willis F/D/B/A Willis Legal Support Services and F/D/B/A Willis Legal Services, Judgment by Assignment Through the Original Judgment Michael Chivington and Sonia Chivington v. Atistar Mortgage Solutions, LLC and Nyanza Cook

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN NO. 03-23-00377-CV Kelvin Willis f/d/b/a Willis Legal Support Services and f/d/b/a Willis Legal Services, Judgment Plaintiff by Assignment through the original Judgment Plaintiffs, Michael Chivington and Sonia Chivington, Appellant v. Atistar Mortgage Solutions, LLC and Nyanza Cook, Appellees FROM THE 146TH DISTRICT COURT OF BELL COUNTY NO. 285172, THE HONORABLE JACK WELDON JONES, JUDGE PRESIDING MEMORANDUM OPINION Appellant Kelvin Willis appeals from the district court’s order finding that Willis failed to properly domesticate a California judgment in Texas, vacating a turnover order authorizing Willis to recover on that judgment, and dismissing all claims that were based on that judgment. In three issues on appeal, Willis argues that the district court lacked plenary power to dismiss the domestication proceedings and vacate the turnover order. He also argues that the district court violated his due process rights by dismissing the proceedings without notice or a hearing. We will affirm the district court’s order in part, vacate in part, and remand the cause for further proceedings.  BACKGROUND In 2010, plaintiffs Michael Chivington and Sonia Chivington obtained a judgment in California state court against defendant Nyanza Cook in the amount of $355,000 in compensatory damages for fraud (Count One) and $100,000 in compensatory damages plus $5,000 in punitive damages for alter ego liability (Count Two). 1 In 2011, Cook moved to Texas. In 2015, Michael Chivington, acting individually and as the executor of the estate of Sonia Chivington, assigned the judgment to “Kelvin Willis of Willis Legal Support Services.” On May 20, 2016, Willis, who was not a lawyer and was acting pro se at the time, filed a certified copy of the judgment and a petition to domesticate the judgment in the 146th Judicial District Court of Bell County, where Cook resided. The judgment, which is certified by the clerk of the Superior Court of Ventura County, California, and signed and stamped with the seal of that county, was signed and stamped by the district clerk of Bell County on May 20, 2016. In June 2016, Willis filed an amended petition to domesticate the judgment. Both petitions listed Cook and Atistar as defendants. The judgment and the petition were assigned cause number 285,172-B. 2 With his amended petition, Willis also filed with the clerk of the 1 There is limited information in the record regarding the underlying facts that gave rise to the judgment, but we take judicial notice from a Texas administrative proceeding involving Cook and referencing the California judgment that the Chivingtons were California homeowners who hired Cook “to help save their home from foreclosure, but in the end the homeowners lost their home.” See In re Nyanza Yvette Cook Application for Real Est. Sales Agent License, SOAH Docket No. XXX-XX-XXXX.REC, 2018 WL 11686677, at *1 (Texas Real Estate Comm’n) (Nov. 19, 2018) (proposal for decision); see also Tex. R. Evid. 201 (providing for judicial notice of adjudicative facts). Atistar Mortgage Solutions, LLC (Atistar) appears to have been Cook’s business. The record reflects that the Chivingtons obtained separate judgments against Cook and Atistar. However, as we discuss below, Willis domesticated only the judgment against Cook. 2 We take judicial notice that each district court in Bell County is assigned a letter for identification purposes, and the 146th District Court is assigned the letter “B.” See Tex. R. Evid. 201. 2 court an affidavit showing the name and last known address of the judgment creditor (Willis) and one of the judgment debtors (Cook), but the affidavit did not mention Atistar. The record does not contain proof that Willis mailed notice of the filing to Cook. However, the record reflects that the district clerk’s office mailed Cook notice and that she received that notice. The notice, which was dated July 14, 2016, provided that In accordance with the provisions of House Bill Number 1175 of the Texas Rules of Civil Procedure,[3] in cause number 285172-0, in the 146th District Court of Bell County, Texas, Plaintiff(s) MICHAEL E CHIVINGTON, SONIA CHIVINGTON filed a suit for enforcement of a Foreign Judgment against Defendant(s) ATISTAR MORTGAGE SOLUTIONS LLC. Said foreign judgment was signed on the 12th day of July, 2010. This was issued at the request of attorney: Pro Se: KELVIN WILLIS WILLIS LEGAL SUPPORT SERVICES P.O. BOX 764144 DALLAS,