Hubei Gezhouba Sanlian Industrial, Co. v. Robinson Helicopter Co.

MEMORANDUM

Robinson Helicopter Company (“RHC”) is estopped from arguing that the judgment of the Higher People’s Court of Hu-bei Province in the People’s Republic of China (PRC) in favor of Hubei Gezhouba Sanlian Industrial and Hubei Pinghu Cruise Company (collectively, “Hubei”) is not “enforceable where rendered” under California’s Uniform Foreign-Money Judgments Recognition Act (UFMJRA), Cal.Civ.Proc.Code § 1713 et seq. (2006), repealed by 2007 Cal. Stat. ch. 212. See New Hampshire v. Maine, 532 U.S. 742, 749 , 121 S.Ct. 1808 , 149 L.Ed.2d 968 (2001). RHC’s failure to pay the final PRC judgment was “clearly inconsistent” with RHC’s stipulation to the California court that it would “abide by any final judgment rendered in the civil action commenced in China.” See id. at 750 , 121 S.Ct. 1808 . Moreover, accepting RHC’s argument that the PRC judgment is no longer enforceable would create the perception that the California court was “misled” in granting RHC’s forum non conve-niens motion and would “impose an unfair detriment” on Hubei. See id. at 750-51 , 121 S.Ct. 1808 (quoting Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 599 (6th Cir. 1982)). The balance of equities in this case…