Money Judgments of Other JurisdictionsForeign-country Money Judgments
Section § 1713
Section § 1714
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.
Section § 1715
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.
Section § 1716
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.
Section § 1717
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.
Section § 1718
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.
Section § 1719
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.
Section § 1720
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.
Section § 1721
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.
Section § 1722
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.
Section § 1723
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.
Section § 1724
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.
Section § 1725
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.