Bagby v. Davis CA2/4

CourtCalifornia Court of Appeal
DecidedMarch 17, 2026
DocketB338600
StatusUnpublished

This text of Bagby v. Davis CA2/4 (Bagby v. Davis CA2/4) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bagby v. Davis CA2/4, (Cal. Ct. App. 2026).

Opinion

Filed 3/17/26 Bagby v. Davis CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

DOUGLAS A. BAGBY, B338600

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC663174) v.

JOSEPH DANIEL DAVIS,

Defendant and Appellant.

APPEAL from a post-judgment order of the Superior Court of Los Angeles County, Bruce G. Iwasaki, Judge. Affirmed. Nemecek & Cole, Frank Wynn Nemecek and Mark Schaeffer for Defendant and Appellant. Douglas A. Bagby, pro. per.; Stiller Law Firm and Ari J. Stiller for Plaintiff and Respondent. INTRODUCTION More than five years ago, respondent Douglas A. Bagby obtained a $5 million default judgment against appellant Joseph D. Davis.1 Shortly after entry of judgment, Bagby unsuccessfully sought to levy on an annuity of which Davis is the beneficiary. Almost three years later, Bagby again sought to levy on that annuity. Davis argued collateral estoppel should bar this latter attempt to levy on the annuity. The trial court disagreed, finding changed circumstances obviated the application of collateral estoppel and Davis had failed to prove an exemption under applicable law. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND In 1996, Davis received an annuity as part of a settlement of a personal injury case. While Davis is the annuitant, an entity identified as “SABSCO” is the annuity’s owner; Symetra Life Insurance Company (Symetra Life) is the issuer, and the payments come through JPMorgan Chase. Bagby obtained judgment against Davis in July 2020, obtained a writ of execution, and sought to levy on Davis’s monthly annuity payments. In response, Davis claimed the annuity was exempt from collection because he was a resident of Florida and a Florida statute prohibits enforcing judgments against annuities. Bagby opposed the claim, arguing Davis was a resident of California.

1 This is the fifth appeal this division has received in an ongoing dispute between these parties. There is at least one additional appeal, involving a house in Idaho, which the Idaho Supreme Court resolved in 2023. (Bagby v. Davis (2023) 173 Idaho 903.) The history of the proceedings is more fully summarized in Bagby v. Davis (Feb. 17, 2026, B333649) ___ Cal.App.5th ___ [2026 WL 444616] (Bagby IV).

2 On October 15, 2020, the trial court granted the claim of exemption.2 The court found Davis resided in Florida, and on that basis applied the Florida statute barring creditors from collecting on annuities. No appeal was taken from this ruling. Two and a half years later, in June 2023, the trial court ruled Davis was then living in California for purposes of subpoena service. (Bagby IV, supra, ___Cal.App.5th___ [2026 WL 444616 at p. *2, fn. 3].) Thereafter, Bagby again attempted to levy on the Symetra annuity. Davis again claimed exemption on the grounds that he lived in Florida. After the second levy, on a separate motion to determine an exemption claimed by Davis with respect to different property, the trial court ruled California exemption law applies in this case regardless of where Davis lives at any given time. Bagby adopted that position in his opposition to the exemption claim here. Davis maintained his position that Florida law should apply. He also argued collateral estoppel should prevent relitigation of the exemption and the trial court lacked jurisdiction over the annuity because it was located outside of California. The trial court heard the claim of exemption on January 16, 2024. After argument, the court requested supplemental briefing on the issue of whether it had authority over the annuity. In his supplemental briefing, Davis argued again that the annuity is located outside of California, but also argued that the annuity is exempt even under California law.

2 The ruling was made by Judge John P. Doyle, the bench officer assigned to the case. Judge Doyle subsequently retired; all future decisions mentioned here were made by Judge Bruce G. Iwasaki.

3 On April 8, 2024, the trial court denied the claim of exemption. The court ruled it had jurisdiction over Symetra Life because the annuity contract was issued to Davis while he lived in California. The court applied California law rather than Florida law, and found Davis failed to meet his burden to establish an exemption. Davis timely appealed.3

DISCUSSION On appeal, Davis again argues the doctrine of collateral estoppel should have barred Bagby’s second attempt to collect on the annuity. He also argues the annuity is not subject to the jurisdiction of California courts, Florida law should apply, and the annuity is exempt from collection even under California law. For the reasons given below, we do not find these arguments compelling.

I. Standard of Review The trial court’s decision resolved questions of both law and fact. We review questions of law de novo. (See Union of Medical Marijuana Patients, Inc. v. City of San Diego (2019) 7 Cal.5th 1171, 1183.) We review factual findings for substantial evidence. (Ridec, LLC v. Hinkle (2023) 92 Cal.App.5th 1182, 1197 (Ridec).) As the exemption claimant, Davis has the burden of proving the exemption applies. (Code Civ. Proc., § 703.580, subd. (b).)4 Where the trial

3 Bagby’s motion to dismiss based on disentitlement, filed September 5, 2025, is denied.

4 All future statutory references are to the Code of Civil Procedure, unless otherwise stated.

4 court found Davis failed to carry that burden, Davis’s burden on appeal is to show that the evidence compels a finding in his favor as a matter of law. (See Ridec, supra, 92 Cal.App.5th at pp. 1197–1198.)

II. Collateral Estoppel Collateral estoppel applies where an issue was actually litigated and necessarily decided in a final adjudication on the merits of a prior proceeding. (Pacific Lumber Co. v. State Water Resources Control Bd. (2006) 37 Cal.4th 921, 943–944 (Pacific Lumber).) Collateral estoppel may be applied directly, against a party to the prior proceeding, or indirectly, against a party in privity with a party to the prior proceeding. (Ibid.) Davis does not argue any of these requirements were met here. Instead, he contends collateral estoppel must always apply where an appealable order is not appealed. It is true that the trial court has no jurisdiction to amend a judgment after it becomes final. (Estate of Keet (1940) 15 Cal.2d 328, 333; Raisin Investment Co. v. Magginetti (1952) 109 Cal.App.2d 163, 164.) The same rule also prevents a trial court from altering its own order granting relief from a default judgment. (City of San Diego v. Superior Court (1950) 36 Cal.2d 483.) But Davis cites no authority which applies this rule to judgment enforcement proceedings, and the rule itself is not an application of collateral estoppel. Further, case law describes the elements of collateral estoppel, set forth above, as “threshold requirements.” (Pacific Lumber, supra, 37 Cal.4th at p. 943.) Collateral estoppel is an equitable doctrine governed by fundamental principles of fairness; it is not mechanically applied in every case where those threshold requirements are met. (Vandenberg v. Superior Court (1999) 21 Cal.4th 815, 835; White Motor Corp. v. Teresinski (1989) 214 Cal.App.3d 754, 763.) To determine whether collateral estoppel should apply, courts look to

5 the public policies underlying the doctrine. (Pacific Lumber, supra, 37 Cal.4th at pp. 943–944.) Those policies include the integrity of the judicial system, judicial economy, and the prevention of vexatious litigation. (Lucido v.

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Bluebook (online)
Bagby v. Davis CA2/4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bagby-v-davis-ca24-calctapp-2026.