Judge: Armen Tamzarian, Case: 23STCP03806, Date: 2024-05-24 Tentative Ruling

Case Number: 23STCP03806    Hearing Date: May 24, 2024    Dept: 52

Plaintiff Steve Yoonsoo Kim’s Motion for Order Recognizing Foreign Judgment       

Plaintiff Steve Yoonsoo Kim, also known as Kim Steve Yoon Soo, moves for an order recognizing a foreign judgment against defendant Chris Au.

This motion is procedurally improper.  The Uniform Foreign–Country Money Judgment Recognition Act “requires an action, and does not provide for any procedures other than those procedures applicable to actions.”  (Hyundai Securities Co., Ltd. v. Lee (2013) 215 Cal.App.4th 682, 693.)  “[A] plaintiff, in order to obtain recognition of a foreign-country money judgment must proceed in accordance with the normal procedures applicable to actions and not by way of a motion or petition to recognize the foreign-country money judgment.”  (Ibid.)  If a plaintiff “wishes to have its contentions dealt with summarily, it must do so by way of a motion for summary judgment or judgment on the pleadings [citation].  If it does not succeed in a summary judgment motion or a judgment on the pleadings, the issues will require a trial.”  (Id. at p. 694.)

Plaintiff did not follow the procedures required when moving for summary judgment.  Plaintiff also did not move for judgment on the pleadings, which “is equivalent to a demurrer.”  (Mack v. State Bar of California (2001) 92 Cal.App.4th 957, 961.)  Plaintiff relies on evidence extrinsic to the complaint: the exchange rate of Hong Kong dollars to United States dollars.  (Vakili Decl., Ex. C [copy of a webpage from “www.exchangerates.org.uk”].)  Determining the exchange rate for foreign currency may require resolving disputed facts.  (See Farmer v. Orme (1933) 131 Cal.App. 628, 631 [remanding action “solely for the purpose of taking evidence on” the exchange rate of Canadian to US dollars].) 

Moreover, plaintiff submits evidence of an exchange rate published as of April 24, 2024.  (Vakili Decl., Ex. C.)  That is not the relevant date for the exchange rate.  “[A] California court, when enforcing a foreign judgment rendered in foreign currency, must ordinarily convert the foreign currency to American dollars using the exchange rate that was in effect at the time of the foreign judgment.”  (Pecaflor Construction, Inc. v. Landes (1988) 198 Cal.App.3d 342, 350.) 

Plaintiff Steve Yoonsoo Kim’s motion for order recognizing foreign judgment is denied.