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Judgments; foreign-country money judgments.

SB 639, c. 212

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SB 639, c. 212: Judgments; foreign-country money judgments. In addition to recasting provisions for recognizing a foreign country judgment in the state, (1) clarifies that the Act is applicable only to money judgments rendered in a foreign country, (2) allocates the burden of proof with regard to establishing whether a foreign-country judgment is within the scope of the Act and whether a ground for nonrecognition of the money judgment exists, (3) establishes the procedure for recognition of foreign-country judgment, (4) specifies that recognition of the foreign-country judgment has both a conclusive effect between the parties as a sister state judgment entitled to full faith and credit and the effect of being enforceable in the same manner and to the same extent as a judgment rendered in this state, and (5) establishes that the statute of limitations for commencing an action to recognize a foreign-country judgment is the earlier of the time during which the judgment is effective and in the foreign country for 15 years from the date that the foreign-country judgment became effective in that foreign country.

The source of this bill is the California Commission on Uniform State Laws and the National Conference of Commissioners on Uniform State Laws.

The CCUSL states, "Review of case law demonstrated that the basic approach of the 1962 Act [which was enacted in California in 1967] was sound and that it in large part had been successful in carrying out its purpose of establishing uniform, clear standards for the recognition of foreign country judgments. The revised Act thus continues the basic policies of the 1962 Act, while updating the Act to clarify its provisions and deal with interpretive issues that have arisen in the over 40 years since its enactment to ensure that state law remains a viable regime for recognition of foreign judgments."

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