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Lim Ruger Prevails In Appeal on Issues of First Impression re Foreign Country Money Judgments

Tuesday, February 17, 2015   (0 Comments)
Posted by: CMCP
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Lim Ruger Prevails In Appeal Construing Several
Issues of First Impression Regarding the Recognition
of Foreign Country Money Judgments

Foreign-country money judgments can be enforced in California under the Uniform Foreign Country Money Judgments Recognition Act (the Act). Code Civ. Proc. Sections 1713-1724. In a lawsuit brought by Lim Ruger that went up on appeal three separate times, the California Court of Appeal ended decades of uncertainty by deciding several issues of first impression under the Act.

In the most recent appeal, Lim Ruger prevailed on a motion for summary judgment and obtained a California judgment for its client in the amount of $8,818,628. The Court of Appeal decided an issue of first impression in the United States in favor of Lim Ruger's client: does the Act apply to a foreign country money judgment that provides compensation to an employer for having to pay a criminal penalty to a foreign government due to the criminal wrongdoings of an employee? Judgments for fines or other penalties are outside the scope of the Act. Code Civ. Proc. Section 1715. Nonetheless, the Court of Appeal found that although the judgment compensated Lim Ruger's client for having to pay a fine, the judgment was not itself a fine or penalty within the meaning of the Act.

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