SECTIONS 1713-1724 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 1713-1724

1713. This chapter may be cited as the Uniform Foreign-Country
Money Judgments Recognition Act.

1714. As used in this chapter:
(a) "Foreign country" means a government other than any of the
following:
(1) The United States.
(2) A state, district, commonwealth, territory, or insular
possession of the United States.
(3) Any other government with regard to which the decision in this
state as to whether to recognize a judgment of that government's
courts is initially subject to determination under the Full Faith and
Credit Clause of the United States Constitution.
(b) "Foreign-country judgment" means a judgment of a court of a
foreign country. "Foreign-country judgment" includes a judgment by
any Indian tribe recognized by the government of the United States.

1715. (a) Except as otherwise provided in subdivision (b), this
chapter applies to a foreign-country judgment to the extent that the
judgment both:
(1) Grants or denies recovery of a sum of money.
(2) Under the law of the foreign country where rendered, is final,
conclusive, and enforceable.
(b) This chapter does not apply to a foreign-country judgment,
even if the judgment grants or denies recovery of a sum of money, to
the extent that the judgment is any of the following:
(1) A judgment for taxes.
(2) A fine or other penalty.
(3) (A) A judgment for divorce, support, or maintenance, or other
judgment rendered in connection with domestic relations.
(B) A judgment for divorce, support, or maintenance, or other
judgment rendered in connection with domestic relations may be
recognized by a court of this state pursuant to Section 1723.
(c) A party seeking recognition of a foreign-country judgment has
the burden of establishing that the foreign-country judgment is
entitled to recognition under this chapter.

1716. (a) Except as otherwise provided in subdivisions (b) and (c),
a court of this state shall recognize a foreign-country judgment to
which this chapter applies.
(b) A court of this state shall not recognize a foreign-country
judgment if any of the following apply:
(1) The judgment was rendered under a judicial system that does
not provide impartial tribunals or procedures compatible with the
requirements of due process of law.
(2) The foreign court did not have personal jurisdiction over the
defendant.
(3) The foreign court did not have jurisdiction over the subject
matter.
(c) A court of this state is not required to recognize a
foreign-country judgment if any of the following apply:
(1) The defendant in the proceeding in the foreign court did not
receive notice of the proceeding in sufficient time to enable the
defendant to defend.
(2) The judgment was obtained by fraud that deprived the losing
party of an adequate opportunity to present its case.
(3) The judgment or the cause of action or claim for relief on
which the judgment is based is repugnant to the public policy of this
state or of the United States.
(4) The judgment conflicts with another final and conclusive
judgment.
(5) The proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in question was
to be determined otherwise than by proceedings in that foreign
court.
(6) In the case of jurisdiction based only on personal service,
the foreign court was a seriously inconvenient forum for the trial of
the action.
(7) The judgment was rendered in circumstances that raise
substantial doubt about the integrity of the rendering court with
respect to the judgment.
(8) The specific proceeding in the foreign court leading to the
judgment was not compatible with the requirements of due process of
law.
(9) The judgment includes recovery for a claim of defamation
unless the court determines that the defamation law applied by the
foreign court provided at least as much protection for freedom of
speech and the press as provided by both the United States and
California Constitutions.
(d) If the party seeking recognition of a foreign-country judgment
has met its burden of establishing recognition of the
foreign-country judgment pursuant to subdivision (c) of Section 1715,
a party resisting recognition of a foreign-country judgment has the
burden of establishing that a ground for nonrecognition stated in
subdivision (b) or (c) exists.

1717. (a) A foreign-country judgment shall not be refused
recognition for lack of personal jurisdiction if any of the following
apply:
(1) The defendant was served with process personally in the
foreign country.
(2) The defendant voluntarily appeared in the proceeding, other
than for the purpose of protecting property seized or threatened with
seizure in the proceeding or of contesting the jurisdiction of the
court over the defendant.
(3) The defendant, before the commencement of the proceeding, had
agreed to submit to the jurisdiction of the foreign court with
respect to the subject matter involved.
(4) The defendant was domiciled in the foreign country when the
proceeding was instituted or was a corporation or other form of
business organization that had its principal place of business in, or
was organized under the laws of, the foreign country.
(5) The defendant had a business office in the foreign country and
the proceeding in the foreign court involved a cause of action or
claim for relief arising out of business done by the defendant
through that office in the foreign country.
(6) The defendant operated a motor vehicle or airplane in the
foreign country and the proceeding involved a cause of action or
claim for relief arising out of that operation.
(b) The list of bases for personal jurisdiction in subdivision (a)
is not exclusive. The courts of this state may recognize bases of
personal jurisdiction other than those listed in subdivision (a) as
sufficient to support a foreign-country judgment.
(c) If a judgment was rendered in an action for defamation in a
foreign country against a person who is a resident of California or a
person or entity amenable to jurisdiction in California, and
declaratory relief with respect to liability for the judgment or a
determination that the judgment is not recognizable in California
under Section 1716 is sought, a court has jurisdiction to determine
the declaratory relief action as well as personal jurisdiction over
the person or entity who obtained the foreign-country judgment if
both of the following apply:
(1) The publication at issue was published in California.
(2) The person who is a resident, or the person or entity who is
amenable to jurisdiction in California, either (A) has assets in
California that might be subject to an enforcement proceeding to
satisfy the foreign-country defamation judgment, or (B) may have to
take actions in California to comply with the foreign-country
defamation judgment.
This subdivision shall apply to persons who obtained judgments in
defamation proceedings in a foreign country both prior to and after
January 1, 2010.

1718. (a) If recognition of a foreign-country judgment is sought as
an original matter, the issue of recognition shall be raised by
filing an action seeking recognition of the foreign-country judgment.
(b) If recognition of a foreign-country judgment is sought in a
pending action, the issue of recognition may be raised by
counterclaim, cross-claim, or affirmative defense.

1719. If the court in a proceeding under Section 1718 finds that
the foreign-country judgment is entitled to recognition under this
chapter then, to the extent that the foreign-country judgment grants
or denies recovery of a sum of money, the foreign-country judgment is
both of the following:
(a) Conclusive between the parties to the same extent as the
judgment of a sister state entitled to full faith and credit in this
state would be conclusive.
(b) Enforceable in the same manner and to the same extent as a
judgment rendered in this state.

1720. If a party establishes that an appeal from a foreign-country
judgment is pending or will be taken in the foreign country, the
court may stay any proceedings with regard to the foreign-country
judgment until the appeal is concluded, the time for appeal expires,
or the appellant has had sufficient time to prosecute the appeal and
has failed to do so.

1721. An action to recognize a foreign-country judgment shall be
commenced within the earlier of the time during which the
foreign-country judgment is effective in the foreign country or 10
years from the date that the foreign-country judgment became
effective in the foreign country.

1722. In applying and construing this uniform act, consideration
shall be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.

1723. This chapter does not prevent the recognition under
principles of comity or otherwise of a foreign-country judgment not
within the scope of this chapter.

1724. (a) This chapter applies to all actions commenced on or after
the effective date of this chapter in which the issue of recognition
of a foreign-country judgment is raised.
(b) The former Uniform Foreign Money-Judgments Recognition Act
(Chapter 2 (commencing with Section 1713) of Title 11 of Part 3)
applies to all actions commenced before the effective date of this
chapter in which the issue of recognition of a foreign-country
judgment is raised.