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§ 1716 (a) Except as otherwise provided in subdivisions (b), (c), (d), and (f), a court of this state shall recognize a foreign-country judgment to which thi…

Part 3: Of Special Proceedings of a Civil Nature | Title 11: Money Judgments of Other Jurisdictions | Chapter 2: Foreign-Country Money Judgments

(a)  Except as otherwise provided in subdivisions (b), (c), (d), and (f), a court of this state shall recognize a foreign-country judgment to which this chapter applies.

(b)  A court of this state shall not recognize a foreign-country judgment if any of the following apply:

(1)  The judgment was rendered under a judicial system that 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.

(3)  The foreign court did not have jurisdiction over the subject matter.

(c)  (1) A court of this state shall not recognize a foreign-country judgment if any of the following apply:

(2)  Notwithstanding an applicable ground for nonrecognition under paragraph (1), the court may nonetheless recognize a foreign-country judgment if the party seeking recognition of the judgment demonstrates good reason to recognize the judgment that outweighs the ground for nonrecognition.

(d)  A court of this state is not required to recognize a foreign-country judgment if the judgment conflicts with another final and conclusive judgment.

(e)  If the party seeking recognition of a foreign-country judgment has met its burden of establishing recognition of the foreign-country judgment pursuant to subdivision (c) of Section 1715, a party resisting recognition of a foreign-country judgment has the burden of establishing that a ground for nonrecognition stated in subdivision (b), (c), or (d) exists.

(f)  A court of this state shall not recognize a foreign-country judgment for defamation if that judgment is not recognizable under Section 4102 of Title 28 of the United States Code.

Amendment history: Amended by Stats. 2017, Ch. 168, Sec. 5. (AB 905) Effective January 1, 2018.