A judgment entered in another country does not automatically become enforceable in California. The party relying on the judgment must use an appropriate California procedure and establish the effect California law permits.
Which Judgments Fall Within the Recognition Act?
California’s Uniform Foreign-Country Money Judgments Recognition Act generally applies to a foreign-country judgment to the extent that it grants or denies recovery of a sum of money and, under the law of the country where it was rendered, is final, conclusive, and enforceable.
Code of Civil Procedure section 1715 places the initial burden on the party seeking recognition to establish that the judgment is entitled to recognition under the Act.
The Act contains exclusions, including certain tax judgments, fines or penalties, and domestic-relations judgments. A judgment may also contain both monetary and nonmonetary relief, requiring the different components to be analyzed separately.
Recognition Is Not Automatic
Code of Civil Procedure section 1716 identifies mandatory and discretionary grounds for nonrecognition. Depending on the circumstances, the court may examine:
- Whether the foreign judicial system provided impartial tribunals and procedures compatible with due process;
- Whether the foreign court had personal and subject-matter jurisdiction;
- Whether the defendant received notice in sufficient time to defend;
- Whether fraud deprived the defendant of an adequate opportunity to present the case;
- Whether recognition would conflict with specified California or United States public policy;
- Whether the judgment conflicts with another final judgment; and
- Other statutory circumstances.
The precise statutory ground and burden of proof should be evaluated using the current text and the complete foreign record.
How Is Recognition Requested?
Under section 1718, recognition may be sought through an action filed for that purpose. If the recognition issue arises in a pending California case, it may be raised through an appropriate counterclaim, cross-claim, or affirmative defense.
The party relying on the judgment should ordinarily obtain a complete authenticated or certified copy, proof concerning finality and enforceability, and a reliable translation. A summary, selected excerpt, or informal translation may not establish what was decided or whether the judgment remains subject to appeal or modification.
What About Nonmoney Judgments?
A foreign injunction, trustee-removal order, accounting order, ownership declaration, or conveyance direction does not become a California money judgment through the Act.
Code of Civil Procedure section 1723 nevertheless preserves possible recognition of judgments outside the Act’s scope under principles of comity or otherwise. That requires a separate analysis of jurisdiction, notice, fairness, finality, the parties and issues actually bound, California public policy, and the particular effect requested.
Falling outside the money-judgment statute does not automatically make a foreign ruling irrelevant. It means the party must identify another legally valid basis for the effect sought.
Recognition Does Not Necessarily Resolve California Title
Even when a foreign judgment establishes personal or monetary obligations, a separate California order or instrument may be required to affect California real property, bind absent claimants, or clear the public record.
The Practical Takeaway
Foreign-country judgment issues should be analyzed component by component. The questions are what the foreign tribunal decided, whether the decision is final and enforceable, whether California’s recognition statute applies, whether a defense exists, and what additional California relief is required.
Legal Authorities and Public Resources
- California Uniform Foreign-Country Money Judgments Recognition Act, Code of Civil Procedure §§ 1713–1725
- California Code of Civil Procedure §§ 1715, 1716, 1718 and 1723
Related practice areas: Civil Litigation