Bezdikian

In this case we decide when a foreign judgment is final for purposes of recognition under the Uniform Foreign Money-Judgments Recognition Act (UFMJRA) (Code Civ. Proc., former § 1713.1 et seq., added by Stats. 1967, ch. 503, § 1, p. 1847, repealed by Stats. 2007, ch. 212, § 1, eff. Jan. 1, 2008) 1 and what statute of limitations applies.

The UFMJRA authorizes recognition of “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.” (Former § 1713.2.) When a foreign judgment is appealed, and the foreign nation’s law provides that a judgment on appeal is not final, does section 1713.2 permit a California court to recognize the judgment? We conclude the answer is no. The most reasonable interpretation of the admittedly confusing statutory language is that the law of the nation where the judgment was rendered determines *196 whether the judgment is sufficiently final, conclusive, and enforceable to be subject to recognition in California. If the foreign nation’s rule is that judgments are final even though an appeal is pending, a judgment may be recognized in California despite an…

This case raises two issues under a now repealed law, the Uniform Foreign Money-Judgments Recognition Act (Code Civ. Proc., former § 1713.1 et seq., repealed by Stats. 2007, ch. 212, eff. Jan. 1, 2008; hereafter the former act). The first issue is whether, within the meaning of a provision of that former act, a foreign country judgment is “final” while it is on appeal in the foreign jurisdiction. On that issue, the majority holds, as I understand it, that the term “final” as used in the former act has no fixed meaning, and that the foreign jurisdiction’s law must be consulted to determine both the meaning of the term “final” and whether, applying that definition, the foreign judgment is final while on appeal. I disagree. I conclude that as used in the former act the term “final” means not requiring further action other than enforcement in the rendering court (that is, ordinarily, the trial court) and that the foreign jurisdiction’s law should be consulted only to determine whether, applying that definition of finality, the foreign judgment is final while on appeal.

The second issue is the statute of limitations that applied to an action brought under the former act. On that…

In this case we decide when a foreign judgment is final for purposes of recognition under the Uniform Foreign Money-Judgments Recognition Act (UFMJRA) (Code Civ. Proc., former § 1713.1 et seq., added by Stats. 1967, ch. 503, § 1, p. 1847, repealed by Stats. 2007, ch. 212, § 1, eff. Jan. 1, 2008) [1] and what statute of limitations applies.

The UFMJRA authorizes recognition of "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." (Former § 1713.2.) When a foreign judgment is appealed, and the foreign nation's law provides that a judgment on appeal is not final, does section 1713.2 permit a California court to recognize the judgment? We conclude the answer is no. The most reasonable interpretation of the admittedly confusing statutory language is that the law of the nation where the judgment was rendered determines whether the judgment is sufficiently final, conclusive, and enforceable to be subject to recognition in California. If the foreign nation's rule is that judgments are final even though an appeal is pending, a judgment may be recognized in California despite…