Corso v. Rejuvi Laboratory, Inc., No. 21-15530 (9th Cir. 2022)
Annotate this CaseThe Ninth Circuit reversed the district court's decision reversing the bankruptcy court's order allowing creditor's claim in the bankruptcy proceedings of Rejuvi, a chapter 11 debtor. Creditor seeks recognition and enforcement of a default money judgment for personal injuries against Rejuvi granted by an Australian district court. The panel held that Rejuvi waived any objection to personal jurisdiction by voluntarily appearing in the South Australian district court when it sought relief from the default judgment. Accordingly, the panel remanded to the district court for further proceedings. The panel granted creditor's motion to take judicial notice of Rules 230 and 242 of the 2006 Civil Rules of the District Court of South Australia.
Court Description: Bankruptcy. The panel reversed the district court’s decision reversing the bankruptcy court’s order allowing creditor Maria Corso’s claim in the bankruptcy proceedings of Rejuvi Laboratory, Inc., a chapter 11 debtor. Corso sought recognition and enforcement of a default money judgment for personal injuries against Rejuvi, granted by an Australian court. The bankruptcy court allowed Corso’s claim. The district court reversed, holding that under California’s Uniform Foreign-Country Money Judgments Recognition Act, the Australian court did not have personal jurisdiction over Rejuvi, and so the foreign-country judgment should not be recognized. Reversing the district court and remanding, the panel held that Rejuvi, a California corporation, waived any objection to personal jurisdiction by voluntarily appearing in the South Australian district court when it sought relief from the default judgment. Accordingly, the Australian court’s default judgment against Rejuvi was enforceable under the Uniform Act. IN RE REJUVI LABORATORY 3
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