Section § 1713

Explanation
This law states that the chapter is officially named the Uniform Foreign-Country Money Judgments Recognition Act.
This chapter may be cited as the Uniform Foreign-Country Money Judgments Recognition Act.

Section § 1714

Explanation

This law section defines what is meant by a 'foreign country' and a 'foreign-country judgment' in this context. It specifies that a 'foreign country' is any government that is not the United States, any of its states or territories, any federally recognized Indian tribe or related entities, or any government whose court decisions the state must recognize under the U.S. Constitution. 'Foreign-country judgment' refers to the rulings made by courts in these foreign countries.

As used in this chapter:
(a)CA Civil Procedure Code § 1714(a) “Foreign country” means a government other than any of the following:
(1)CA Civil Procedure Code § 1714(a)(1) The United States.
(2)CA Civil Procedure Code § 1714(a)(2) A state, district, commonwealth, territory, or insular possession of the United States.
(3)CA Civil Procedure Code § 1714(a)(3) A federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village.
(4)CA Civil Procedure Code § 1714(a)(4) 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)CA Civil Procedure Code § 1714(b) “Foreign-country judgment” means a judgment of a court of a foreign country.

Section § 1715

Explanation

This law talks about recognizing judgments made in courts from other countries. Generally, if a foreign judgment involves paying or receiving money and is final and enforceable in the country where it was issued, it can be recognized in this state. However, this law doesn't cover foreign judgments related to taxes, penalties, or family matters like divorce or child support, although family judgments might be recognized under another law. The person who wants the judgment recognized here must prove that it qualifies under these rules.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1715(a)(1) Grants or denies recovery of a sum of money.
(2)CA Civil Procedure Code § 1715(a)(2) Under the law of the foreign country where rendered, is final, conclusive, and enforceable.
(b)CA Civil Procedure Code § 1715(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)CA Civil Procedure Code § 1715(b)(1) A judgment for taxes.
(2)CA Civil Procedure Code § 1715(b)(2) A fine or other penalty.
(3)Copy CA Civil Procedure Code § 1715(b)(3)
(A)Copy CA Civil Procedure Code § 1715(b)(3)(A) A judgment for divorce, support, or maintenance, or other judgment rendered in connection with domestic relations.
(B)CA Civil Procedure Code § 1715(b)(3)(A)(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)CA Civil Procedure Code § 1715(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.

Section § 1716

Explanation

This law discusses when a California court should recognize a judgment from another country. Generally, these judgments are recognized unless certain issues arise. The court won't recognize the judgment if it comes from a country with unfair trials or if the foreign court didn't have the right authority over the people or the issue in the case. Also, if the defendant wasn't properly notified, if the judgment was based on fraud, or violates public policy, California might not recognize it. Conflicting judgments and defamation judgments that don't meet U.S. standards are also not recognized. The party opposing the recognition must prove why it shouldn't be recognized, while the party wanting recognition must show a good reason that outweighs any problems.

(a)CA Civil Procedure Code § 1716(a) Except as otherwise provided in subdivisions (b), (c), (d), and (f), a court of this state shall recognize a foreign-country judgment to which this chapter applies.
(b)CA Civil Procedure Code § 1716(b) A court of this state shall not recognize a foreign-country judgment if any of the following apply:
(1)CA Civil Procedure Code § 1716(b)(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)CA Civil Procedure Code § 1716(b)(2) The foreign court did not have personal jurisdiction over the defendant.
(3)CA Civil Procedure Code § 1716(b)(3) The foreign court did not have jurisdiction over the subject matter.
(c)Copy CA Civil Procedure Code § 1716(c)
(1)Copy CA Civil Procedure Code § 1716(c)(1) A court of this state shall not recognize a foreign-country judgment if any of the following apply:
(A)CA Civil Procedure Code § 1716(c)(1)(A) 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.
(B)CA Civil Procedure Code § 1716(c)(1)(B) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case.
(C)CA Civil Procedure Code § 1716(c)(1)(C) 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.
(D)CA Civil Procedure Code § 1716(c)(1)(D) 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.
(E)CA Civil Procedure Code § 1716(c)(1)(E) In the case of jurisdiction based only on personal service, the foreign court was a seriously inconvenient forum for the trial of the action.
(F)CA Civil Procedure Code § 1716(c)(1)(F) The judgment was rendered in circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment.
(G)CA Civil Procedure Code § 1716(c)(1)(G) The specific proceeding in the foreign court leading to the judgment was not compatible with the requirements of due process of law.
(2)CA Civil Procedure Code § 1716(c)(2) Notwithstanding an applicable ground for nonrecognition under paragraph (1), the court may nonetheless recognize a foreign-country judgment if the party seeking recognition of the judgment demonstrates good reason to recognize the judgment that outweighs the ground for nonrecognition.
(d)CA Civil Procedure Code § 1716(d) A court of this state is not required to recognize a foreign-country judgment if the judgment conflicts with another final and conclusive judgment.
(e)CA Civil Procedure Code § 1716(e) 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), (c), or (d) exists.
(f)CA Civil Procedure Code § 1716(f) A court of this state shall not recognize a foreign-country judgment for defamation if that judgment is not recognizable under Section 4102 of Title 28 of the United States Code.

Section § 1717

Explanation

This law explains when a foreign court cannot claim to have legal authority, or personal jurisdiction, over someone being sued. Basically, if a foreign court wouldn't have jurisdiction under California's standards or its own laws, it can't have jurisdiction here. But there are exceptions: if the defendant was personally served the lawsuit papers abroad, agreed to the foreign court's authority, was living or running a business in the foreign country, or if the lawsuit involves business they did there or accidents they had while driving or flying there. The rules also allow for other situations, not just these listed, where foreign jurisdiction might be recognized.

(a)CA Civil Procedure Code § 1717(a) For the purpose of paragraph (2) of subdivision (b) of Section 1716, a foreign court lacks personal jurisdiction over a defendant if either of the following conditions is met:
(1)CA Civil Procedure Code § 1717(a)(1) The foreign court lacks a basis for exercising personal jurisdiction that would be sufficient according to the standards governing personal jurisdiction in this state.
(2)CA Civil Procedure Code § 1717(a)(2) The foreign court lacks personal jurisdiction under its own law.
(b)CA Civil Procedure Code § 1717(b) A foreign-country judgment shall not be refused recognition for lack of personal jurisdiction under paragraph (1) of subdivision (a) if any of the following apply:
(1)CA Civil Procedure Code § 1717(b)(1) The defendant was served with process personally in the foreign country.
(2)CA Civil Procedure Code § 1717(b)(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)CA Civil Procedure Code § 1717(b)(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)CA Civil Procedure Code § 1717(b)(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)CA Civil Procedure Code § 1717(b)(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)CA Civil Procedure Code § 1717(b)(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.
(c)CA Civil Procedure Code § 1717(c) The list of bases for personal jurisdiction in subdivision (b) is not exclusive. The courts of this state may recognize bases of personal jurisdiction other than those listed in subdivision (b) as sufficient for the purposes of paragraph (1) of subdivision (a).

Section § 1718

Explanation

If you want a court in California to recognize a judgment from another country, you need to file an action to request it. If the matter is already part of an ongoing lawsuit, you can raise the issue of recognizing the foreign judgment through a counterclaim, cross-claim, or as a defense.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1718(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.

Section § 1719

Explanation

This law section explains that if a court in California recognizes a judgment from another country, that judgment is treated just like one from another U.S. state. This means the judgment is final and binding between the involved parties and can be enforced in California just like a local judgment.

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)CA Civil Procedure Code § 1719(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)CA Civil Procedure Code § 1719(b) Enforceable in the same manner and to the same extent as a judgment rendered in this state.

Section § 1720

Explanation

This law says that if someone is appealing a judgment from another country in their home country, a California court can pause any actions related to that judgment. This pause lasts until the appeal is decided, the time to appeal runs out, or it becomes clear the person isn't pursuing the appeal.

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.

Section § 1721

Explanation

If you want a California court to recognize a judgment made in another country, you must start the process while the judgment is still valid in that country or within 10 years of when it first became valid there, whichever happens first.

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.

Section § 1722

Explanation

This law section emphasizes that when interpreting and applying this act, attention should be paid to ensuring that the law remains consistent across different states that adopt it.

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.

Section § 1723

Explanation

This law allows for the acceptance of judgments from foreign countries even if they don't fit within the specific rules of this chapter. Basically, it means California can still recognize these judgments based on mutual respect between countries or other factors.

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.

Section § 1724

Explanation

This section determines which rules apply when dealing with judgments made in foreign countries. If you're starting a case to recognize such a judgment on or after the date this particular law became effective, the current rules are used. For cases begun before that date where a foreign judgment's recognition is questioned, the older rules still apply.

(a)CA Civil Procedure Code § 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)CA Civil Procedure Code § 1724(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.

Section § 1725

Explanation

This law allows someone who has had a defamation judgment made against them in another country to request a California court to either declare their liability or decide that the judgment shouldn't be recognized in California. This can happen if the person lives in California or has a connection to the state, has assets or obligations here related to the judgment, and if the content that led to the defamation claim was published in California. California courts have the authority to handle these cases, no matter when the foreign judgment was made.

(a)CA Civil Procedure Code § 1725(a) If all of the following conditions are satisfied, a person against whom a foreign-country defamation judgment was rendered may seek declaratory relief with respect to liability for the judgment or a determination that the judgment is not recognizable under section 1716:
(1)CA Civil Procedure Code § 1725(a)(1) The person is a resident or other person or entity amendable to jurisdiction in this state.
(2)CA Civil Procedure Code § 1725(a)(2) The person either has assets in this state that may be subject to an enforcement proceeding to satisfy the foreign-country defamation judgment or may have to take actions in this state to comply with the foreign-country defamation judgment.
(3)CA Civil Procedure Code § 1725(a)(3) The publication at issue was published in this state.
(b)CA Civil Procedure Code § 1725(b) A court of this state has jurisdiction to determine a declaratory relief action or issue a determination pursuant to this section and has personal jurisdiction over the person or entity who obtained the foreign-country defamation judgment.
(c)CA Civil Procedure Code § 1725(c) This section shall apply to a foreign-country defamation judgment regardless of when it was rendered.