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2005 California Code of Civil Procedure Sections 1713-1713.8 CHAPTER 2. FOREIGN MONEY--JUDGMENTS

CODE OF CIVIL PROCEDURE
SECTION 1713-1713.8

1713.  This chapter may be cited as the Uniform Foreign
Money-Judgments Recognition Act.
1713.1.  As used in this chapter:
   (1) "Foreign state" means any governmental unit other than the
United States, or any state, district, commonwealth, territory,
insular possession thereof, or the Panama Canal Zone, or the Trust
Territory of the Pacific Islands;
   (2) "Foreign judgment" means any judgment of a foreign state
granting or denying recovery of a sum of money, other than a judgment
for taxes, a fine or other penalty, or a judgment for support in
matrimonial or family matters.
1713.2.  This chapter applies to any foreign judgment that is final
and conclusive and enforceable where rendered even though an appeal
therefrom is pending or it is subject to appeal.
1713.3.  Except as provided in Section 1713.4, a foreign judgment
meeting the requirements of Section 1713.2 is conclusive between the
parties to the extent that it grants or denies recovery of a sum of
money.  The foreign judgment is enforceable in the same manner as the
judgment of a sister state which is entitled to full faith and
credit, except that it may not be enforced pursuant to the provisions
of Chapter 1 (commencing with Section 1710.10) of this title.
1713.4.  (a) A foreign judgment is not conclusive if
   (1) The judgment was rendered under a system which does not
provide impartial tribunals or procedures compatible with the
requirements of due process of law;
   (2) The foreign court did not have personal jurisdiction over the
defendant; or
   (3) The foreign court did not have jurisdiction over the subject
matter.
   (b) A foreign judgment need not be recognized if
   (1) The defendant in the proceedings in the foreign court did not
receive notice of the proceedings in sufficient time to enable him to
defend;
   (2) The judgment was obtained by extrinsic fraud;
   (3) The cause of action or defense on which the judgment is based
is repugnant to the public policy of this state;
   (4) The judgment conflicts with another final and conclusive
judgment;
   (5) The proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in question was
to be settled otherwise than by proceedings in that court; or
   (6) In the case of jurisdiction based only on personal service,
the foreign court was a seriously inconvenient forum for the trial of
the action.
1713.5.  (a) The foreign judgment shall not be refused recognition
for lack of personal jurisdiction if
   (1) The defendant was served personally in the foreign state;
   (2) The defendant voluntarily appeared in the proceedings, other
than for the purpose of protecting property seized or threatened with
seizure in the proceedings or of contesting the jurisdiction of the
court over him;
   (3) The defendant prior to the commencement of the proceedings had
agreed to submit to the jurisdiction of the foreign court with
respect to the subject matter involved;
   (4) The defendant was domiciled in the foreign state when the
proceedings were instituted, or, being a body corporate had its
principal place of business, was incorporated, or had otherwise
acquired corporate status, in the foreign state;
   (5) The defendant had a business office in the foreign state and
the proceedings in the foreign court involved a cause of action
arising out of business done by the defendant through that office in
the foreign state; or
   (6) The defendant operated a motor vehicle or airplane in the
foreign state and the proceedings involved a cause of action arising
out of such operation.
   (b) The courts of this state may recognize other bases of
jurisdiction.
1713.6.  If the defendant satisfies the court either that an appeal
is pending or that he is entitled and intends to appeal from the
foreign judgment, the court may stay the proceedings until the appeal
has been determined or until the expiration of a period of time
sufficient to enable the defendant to prosecute the appeal.
1713.7.  This chapter does not prevent the recognition or
nonrecognition of a foreign judgment in situations not covered by
this chapter.
1713.8.  This chapter shall be so construed as to effectuate its
general purpose to make uniform the law of those states which enact
it.


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