Bill Text: CA SB406 | 2013-2014 | Regular Session | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Tribal Court Civil Money Judgment Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-22 - Chaptered by Secretary of State. Chapter 243, Statutes of 2014. [SB406 Detail]

Download: California-2013-SB406-Enrolled.html

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BILL NUMBER: SB 406	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 11, 2014
	PASSED THE ASSEMBLY  AUGUST 7, 2014
	AMENDED IN ASSEMBLY  JUNE 18, 2014
	AMENDED IN ASSEMBLY  JUNE 10, 2014
	AMENDED IN SENATE  JANUARY 6, 2014

INTRODUCED BY   Senator Evans

                        FEBRUARY 20, 2013

   An act to amend, add, and repeal Section 1714 of, and to add and
repeal Title 11.5 (commencing with Section 1730) to Part 3 of, the
Code of Civil Procedure, relating to tribal court civil judgments.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 406, Evans. Tribal Court Civil Money Judgment Act.
   The existing Uniform Foreign-Country Money Judgments Recognition
Act provides that foreign 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 includes within the
definition of "foreign-country judgment" a judgment by any Indian
tribe recognized by the government of the United States.
   This bill would, until January 1, 2018, exempt Indian tribal
judgments from the Uniform Foreign-Country Money Judgments
Recognition Act, and would instead enact the Tribal Court Civil Money
Judgment Act. The new act would likewise provide for the
enforceability of tribal court money judgments in California, except
as specified. The act would prescribe the procedure for applying for
recognition and entry of a judgment based on a tribal court money
judgment, the procedure and grounds for objecting to the entry of
judgment, and the bases upon which the court may refuse to enter the
judgment or grant a stay of enforcement. The bill would require the
Judicial Council to prescribe a form for the notice of filing the
application for recognition of the tribal court money judgment, as
specified. The bill would require that this application be executed
under penalty of perjury, which would expand the scope of the crime
of perjury and thus impose a state-mandated local program. The bill
would require the California Law Revision Commission to conduct a
study of the standards for recognition of a tribal court or a foreign
court judgment under the Tribal Court Civil Money Judgment Act and
the Uniform Foreign-Country Money Judgments Recognition Act, and
submit a report of its findings and recommendations to the
Legislature and the Governor no later than January 1, 2017.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The California Law Revision Commission shall, within
existing resources, conduct a study of the standards for recognition
of a tribal court or a foreign court judgment, under the Tribal Court
Civil Money Judgment Act (Title 11.5 (commencing with Section
1730)of Part 3 of the Code of Civil Procedure) and the Uniform
Foreign-Country Money Judgments Recognition Act (Chapter 2
(commencing with Section 1713)of Title 11 of Part 3 of the Code of
Civil Procedure). On or before January 1, 2017, the California Law
Revision Commission shall report its findings, along with any
recommendations for improvement of those standards, to the
Legislature and the Governor.
  SEC. 2.  Section 1714 of the Code of Civil Procedure is amended to
read:
   1714.  As used in this chapter:
   (a) "Foreign country" means a government other than any of the
following:
   (1) The United States.
   (2) A state, district, commonwealth, territory, or insular
possession of the United States.
   (3) Any other government with regard to which the decision in this
state as to whether to recognize a judgment of that government's
courts is initially subject to determination under the Full Faith and
Credit Clause of the United States Constitution.
   (b) "Foreign-country judgment" means a judgment of a court of a
foreign country.
   (c) This section shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 3.  Section 1714 is added to the Code of Civil Procedure, to
read:
   1714.  (a) "Foreign country" means a government other than any of
the following:
   (1) The United States.
   (2) A state, district, commonwealth, territory, or insular
possession of the United States.
   (3) Any other government with regard to which the decision in this
state as to whether to recognize a judgment of that government's
courts is initially subject to determination under the Full Faith and
Credit Clause of the United States Constitution.
   (b) "Foreign-country judgment" means a judgment of a court of a
foreign country. "Foreign-country judgment" includes a judgment by
any Indian tribe recognized by the government of the United States.
   (c) This section is operative on and after January 1, 2018.
  SEC. 4.  Title 11.5 (commencing with Section 1730) is added to Part
3 of the Code of Civil Procedure, to read:

      TITLE 11.5.  Tribal Court Civil Money Judgment Act


   1730.  This title shall be known and may be cited as the Tribal
Court Civil Money Judgment Act.
   1731.  (a) This title governs the procedures by which the superior
courts of the State of California recognize and enter tribal court
money judgments of any federally recognized Indian tribe.
Determinations regarding recognition and entry of a tribal court
money judgment pursuant to state law shall have no effect upon the
independent authority of that judgment. To the extent not
inconsistent with this title, the Code of Civil Procedure shall
apply.
   (b) This title does not apply to any of the following tribal court
money judgments:
   (1) For taxes, fines, or other penalties.
   (2) For which federal law requires that states grant full faith
and credit recognition, including child support orders under the Full
Faith and Credit for Child Support Orders Act (28 U.S.C. Sec.
1738B).
   (3) For which state law provides for recognition, including child
support orders recognized under the Uniform Child Custody
Jurisdiction and Enforcement Act (Part 3 (commencing with Section
3400) of Division 8 of the Family Code), other forms of family
support orders under the Uniform Interstate Family Support Act
(Chapter 6 (commencing with Section 4900) of Part 5 of Division 9 of
the Family Code).
   (4) For decedents' estates, guardianships, conservatorships,
internal affairs of trusts, powers of attorney, or other tribal court
money judgments that arise in proceedings that are or would be
governed by the Probate Code.
   (c) Nothing in this title shall be deemed or construed to expand
or limit the jurisdiction of either the state or any Indian tribe.
   1732.  For purposes of this title:
   (a) "Applicant" means the person or persons who can bring an
action to enforce a tribal court money judgment.
   (b) "Civil action or proceeding" means any action or proceeding
that is not criminal, except for those actions or proceedings
expressly excluded by subdivision (b) of Section 1731.
   (c) "Due process" includes, but is not limited to, the right to be
represented by legal counsel, to receive reasonable notice and an
opportunity for a hearing, to call and cross-examine witnesses, and
to present evidence and argument to an impartial decisionmaker.
   (d) "Good cause" means a substantial reason, taking into account
the prejudice or irreparable harm a party will suffer if a hearing is
not held on an objection or not held within the time periods
established by this title.
   (e) "Respondent" means the person or persons against whom an
action to enforce a tribal court money judgment can be brought.
   (f) "Tribal court" means any court or other tribunal of any
federally recognized Indian nation, tribe, pueblo, band, or Alaska
Native village, duly established under tribal or federal law,
including Courts of Indian Offenses organized pursuant to Part 11 of
Title 25 of the Code of Federal Regulations.
   (g) "Tribal court money judgment" means any written judgment,
decree, or order of a tribal court for a specified amount of money
that was issued in a civil action or proceeding that is final,
conclusive, and enforceable by the tribal court in which it was
issued and is duly authenticated in accordance with the laws and
procedures of the tribe or tribal court.
   1733.  (a) An application for entry of a judgment under this title
shall be filed in a superior court.
   (b) Subject to the power of the court to transfer proceedings
under this title pursuant to Title 4 (commencing with Section 392) of
Part 2, the proper county for the filing of an application is either
of the following:
   (1) The county in which any respondent resides or owns property.
   (2) If no respondent is a resident, any county in this state.
   (c) A case in which the tribal court money judgment amounts to
twenty-five thousand dollars ($25,000) or less is a limited civil
case.
   1734.  (a) An applicant may apply for recognition and entry of a
judgment based on a tribal court money judgment by filing an
application in superior court pursuant to Section 1733.
   (b) The application shall be executed under penalty of perjury and
include all of the following information:
   (1) The name and address of the tribal court that issued the
judgment to be enforced and the date of the tribal court money
judgment or any renewal thereof.
   (2) The name and address of the party seeking recognition.
   (3) (A) Any of the following statements, as applicable:
   (i) If the respondent is an individual, the name and last known
residence address of the respondent.
   (ii) If the respondent is a corporation, the corporation's name,
place of incorporation, and whether the corporation, if foreign, has
qualified to do business in this state under the provisions of
Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of
the Corporations Code.
   (iii) If the respondent is a partnership, the name of the
partnership, whether it is a foreign partnership, and if it is a
foreign partnership, whether it has filed a statement pursuant to
Section 15800 of the Corporations Code designating an agent for
service of process.
   (iv) If the respondent is a limited liability company, the company'
s name, whether it is a foreign company, and if so, whether it has
filed a statement pursuant to Section 17060 of the Corporations Code.

   (B) Except for facts that are matters of public record in this
state, the statements required by this paragraph may be made on the
basis of the applicant's information and belief.
   (4) A statement that an action in this state to enforce the tribal
court money judgment is not barred by the applicable statute of
limitations.
   (5) A statement, based on the applicant's information and belief,
that the tribal court money judgment is final and that no stay of
enforcement of the tribal court money judgment is currently in
effect.
   (6) A statement that includes all of the following:
   (A) The amount of the award granted in the tribal court money
judgment that remains unpaid.
   (B) If accrued interest on the tribal court money judgment is to
be included in the California judgment, the amount of interest
accrued on the tribal court money judgment, computed at the rate of
interest applicable to the judgment under the law of the tribal
jurisdiction in which the tribal court money judgment was issued.
   (C) The rate of interest applicable to the money judgment under
the law of the jurisdiction in which the tribal court money judgment
was issued.
   (D) A citation to the supporting authority.
   (7) A statement that no action based on the tribal court money
judgment is currently pending in any state court and that no judgment
based on the tribal court money judgment has previously been entered
in any proceeding in this state.
   (c) All of the following items shall be attached to the
application:
   (1) An authenticated copy of the tribal court money judgment,
certified by the judge or clerk of the tribal court.
   (2) A copy of the tribal court rules of procedure pursuant to
which the tribal court money judgment was entered.
   (3) A declaration under penalty of perjury by the tribal court
clerk, applicant, or applicant's attorney stating, based on personal
knowledge, that the case that resulted in the entry of the judgment
was conducted in compliance with the tribal court's rules of
procedure.
   1735.  (a) Promptly upon the filing of the application, the
applicant shall serve upon the respondent a notice of filing of the
application to recognize and enter the tribal court money judgment,
together with a copy of the application and any documents filed with
the application. The notice of filing shall be in a form that shall
be prescribed by the Judicial Council, and shall inform the
respondent that the respondent has 30 days from service of the notice
of filing to file objections to the enforcement of the tribal court
money judgment. The notice shall include the name and address of the
applicant and the applicant's attorney, if any, and the text of
Sections 1736 and 1737.
   (b) Except as provided in subdivision (c), service shall be made
in the manner provided for service of summons by Article 3
(commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
   (c) If a respondent is the State of California or any of its
officers, employees, departments, agencies, boards, or commissions,
service of the notice of filing on that respondent may be by mail to
the office of the Attorney General.
   (d) The fee for service of the notice of filing under this section
is an item of costs recoverable in the same manner as statutory fees
for service of a writ as provided in Chapter 5 (commencing with
Section 685.010) of Division 1 of Title 9 of Part 2, but the
recoverable amount for that fee shall not exceed the amount allowed
to a public officer or employee of this state for that service.
   (e) The applicant shall file a proof of service of the notice
promptly following service.
   1736.  (a) If no objections are timely filed in accordance with
Section 1737, the clerk shall certify that no objections were timely
filed, and a judgment shall be entered.
   (b) The judgment entered by the superior court shall be based on
and contain the provisions and terms of the tribal court money
judgment. The judgment shall be entered in the same manner, have the
same effect, and be enforceable in the same manner as any civil
judgment, order, or decree of a court of this state.
   1737.  (a) Any objection to the recognition and entry of the
tribal court money judgment shall be served and filed within 30 days
of service of the notice of filing. If any objection is filed within
this time period, the superior court shall set a time period for
replies and set the matter for a hearing. The hearing shall be held
by the superior court within 45 days from the date the objection is
filed unless good cause exists for a later hearing. The only grounds
for objecting to the recognition or enforcement of a tribal court
money judgment are the grounds set forth in subdivisions (b) and (c).

   (b) A tribal court money judgment shall not be recognized and
entered if the respondent demonstrates to the superior court that at
least one of the following occurred:
   (1) The tribal court did not have personal jurisdiction over the
respondent.
   (2) The tribal court did not have jurisdiction over the subject
matter.
   (3) The judgment was rendered under a judicial system that does
not provide impartial tribunals or procedures compatible with the
requirements of due process of law.
   (c) The superior court may, in its discretion, decline to
recognize and enter a tribal court money judgment on any one of the
following grounds:
   (1) The defendant in the proceeding in the tribal court did not
receive notice of the proceeding in sufficient time to enable the
defendant to defend.
   (2) The judgment was obtained by fraud that deprived the losing
party of an adequate opportunity to present its case.
   (3) The judgment or the cause of action or claim for relief on
which the judgment is based is repugnant to the public policy of the
state or of the United States.
   (4) The judgment conflicts with another final and conclusive
judgment.
   (5) The proceeding in the tribal court was contrary to an
agreement between the parties under which the dispute in question was
to be determined otherwise than by proceedings in that tribal court.

   (6) In the case of jurisdiction based on personal service only,
the tribal court was a seriously inconvenient forum for the trial of
the action.
   (7) The judgment was rendered under circumstances that raise
substantial doubt about the integrity of the rendering court with
respect to the judgment.
   (8) The specific proceeding in the tribal court leading to the
judgment was not compatible with the requirements of due process of
law.
   (9) The judgment includes recovery for a claim of defamation,
unless the court determines that the defamation law applied by the
tribal court provided at least as much protection for freedom of
speech and the press as provided by both the United States and
California Constitutions.
   (d) If objections have been timely filed, the applicant has the
burden of establishing that the tribal court money judgment is
entitled to recognition. If the applicant has met its burden, a party
resisting recognition of the tribal court money judgment has the
burden of establishing that a ground for nonrecognition exists
pursuant to subdivision (b) or (c).
   1738.  The superior court shall grant a stay of enforcement if the
respondent establishes one of the following to the superior court:
   (a) An appeal from the tribal court money judgment is pending or
may be taken in the tribal court, in which case the superior court
shall stay state execution of the tribal court money judgment until
the proceeding on appeal has been concluded or the time for appeal
has expired.
   (b) A stay of enforcement of the tribal court money judgment has
been granted by the tribal court, in which case the superior court
shall stay enforcement of the tribal court money judgment until the
stay of execution expires or is vacated.
   (c) Any other circumstance exists where the interests of justice
require a stay of enforcement.
   1739.  An action to recognize a tribal court money judgment or any
renewal thereof shall be commenced within the earlier of the
following periods:
   (a) The time during which the tribal court money judgment is
effective within the territorial jurisdiction of the tribal court.
   (b) Ten years from the date that the tribal court money judgment
became effective in the tribal jurisdiction.
   1740.  (a) The superior court may, after notice to all parties,
attempt to resolve any issues raised regarding a tribal court money
judgment by contacting the tribal court judge who issued the
judgment.
   (b) The superior court shall allow the parties to participate in,
and shall prepare a record of, any communication made with the tribal
court judge pursuant to this section.
   1741.  (a) The Uniform Foreign-Country Money Judgments Recognition
Act (Chapter 2 (commencing with Section 1713) of Title 11 of Part 3)
applies to all actions commenced in superior court before the
effective date of this title in which the issue of recognition of a
tribal court money judgment is raised.
   (b) This title applies to all actions to enforce tribal court
money judgments as defined herein commenced in superior court on or
after the effective date of this title. A judgment entered under this
title shall not limit the right of a party to seek enforcement of
any part of a judgment, order, or decree entered by a tribal court
that is not encompassed by the judgment entered under this title.
   1742.  This title shall remain in effect only until January 1,
2018, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2018, deletes or extends
that date.
  SEC. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.