Ellen Corbett
- Democratic
Author
Existing law, the Uniform Foreign-Country Money Judgments Recognition Act, provides that foreign-country judgments that grant or deny recovery of a sum of money and that are final and conclusive are enforceable in California, with specified exceptions. The act excepts foreign-country judgments from its provisions in certain instances, including when the judgment was rendered under a system that does not provide impartial tribunals or the court lacked jurisdiction. The act prohibits nonrecognition of a foreign judgment based on a lack of personal jurisdiction if certain bases of personal jurisdiction are present. This bill would additionally except from recognition under the act a foreign-country judgment if the judgment includes recovery for a claim of defamation unless the court determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions. The bill would provide, if a judgment was rendered in an action for defamation in a foreign country against a person who is a resident of California or a person or entity amenable to jurisdiction in California, and declaratory relief with respect to liability for the judgment or a determination is sought that the judgment is not recognizable in California under the act, that a court has jurisdiction to determine the declaratory relief action as well as personal jurisdiction over the person or entity who obtained the foreign-country judgment if the publication at issue was published in California, and the defendant has assets in California that might be subject to an enforcement proceeding to satisfy the foreign-country defamation judgment or may have to take actions in California to comply with the foreign-country defamation judgment.
Chaptered by Secretary of State. Chapter 579, Statutes of 2009.
Approved by Governor.
Enrolled. To Governor at 11 a.m.
Ordered held in Engrossing and Enrolling.
Returned by the Governor at the request of the Senate.
Enrolled. To Governor at 10 a.m.
Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 1924.) To enrollment.
To Special Consent Calendar.
Read third time. Passed. (Ayes 75. Noes 0. Page 2607.) To Senate.
In Senate. To unfinished business.
Read second time. To third reading.
From committee: Do pass. (Ayes 10. Noes 0.)
(Heard in committee on June 23.)
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
To Com. on JUD.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 886.) To Assembly.
Read second time. To third reading.
From committee: Do pass. (Ayes 5. Noes 0. Page 701.)
Set for hearing April 28.
Set, first hearing. Hearing canceled at the request of author.
Set for hearing April 14.
From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.
To Com. on JUD.
From print. May be acted upon on or after March 28.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB320 | HTML |
| 02/25/09 - Introduced | |
| 03/31/09 - Amended Senate | |
| 06/16/09 - Amended Assembly | |
| 08/25/09 - Enrolled | |
| 10/11/09 - Chaptered |
| Document | Format |
|---|---|
| No related documents. |
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