Societe Civile Succession Richard Guino v. Redstar Corp.

INTRODUCTION

Plaintiffs and appellants Societe Civile Succession Richard Guiño, a French trust; Alain Renoir; and Jacques Renoir brought an action to enforce in California an April 8, 1998 French judgment (French judgment) against defendants Redstar Corporation, Jean-Emmanuel Renoir, and Louise Hernandez. The Los Angeles Superior Court (trial court) enforced a portion of the French judgment for 30,000 French francs, but denied enforcement of that portion of the French judgment for 3 million francs as being a provisional remedy that was not enforceable under California’s Uniform Foreign Money-Judgments Recognition Act (Act). (Code Civ. Proc., § 1713 et seq. ) The issue in this case is the meaning and effect of those portions of the French judgment that provide that defendants are to pay to plaintiffs, “as a reserve” (“á titre de provision”), the amount of 3 million francs and “[o]rders the provisional execution of this measure” (“Ordonne l’exécution proviso ire de cette mesure”). In reversing the judgment, we hold that the French judgment’s monetary provisions, including the 3 million francs, are enforceable under the Act as a foreign money…