Foreign Country Money Judgments

Part 3, Title 11, Chapter 2 of the Code of Civil Procedure deals with foreign country money judgments in civil cases in California.

Section 1713 names the law the Uniform Foreign-Country Money Judgments Recognition Act.

Section 1714 defines the terms “foreign country” and “foreign-country judgment.”

Section 1715 applies this chapter to a foreign-country judgment to the extent that the judgment does two specified things. However, 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 three specified items.

Section 1716 requires a court of this state to recognize a foreign-country judgment to which this chapter applies. A court of this state cannot recognize a foreign-country judgment if any of the eleven specified circumstances apply. Also, a court of this state is not required to recognize a foreign-country judgment if the judgment conflicts with another final and conclusive judgment.

Section 1717 notes that a foreign court lacks personal jurisdiction over a defendant if either of the two specified conditions is met. Also, a foreign-country judgment cannot be refused recognition for lack of personal jurisdiction if any of the six specified circumstances apply.

Section 1718 states that, if recognition of a foreign-country judgment is sought as an original matter, the issue of recognition must be raised by filing an action seeking recognition of the foreign-country judgment. 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 states that the foreign-country judgment is entitled to recognition under this chapter 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 specified provisions.

Section 1720 says that, 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.

Section 1721 provides that an action to recognize a foreign-country judgment must 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 requires consideration is to be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

Section 1723 states that this chapter 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 applies this chapter 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.

Section 1725 provides that, if all of the three specified 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.