Judge: Mark H. Epstein, Case: 22SMCP03555, Date: 2022-12-13 Tentative Ruling

Case Number: 22SMCP03555    Hearing Date: December 13, 2022    Dept: R

The motion to vacate the sister-state judgment is DENIED.  The motion to stay the judgment is GRANTED ON CONDITION.

This case arises from a trial in Florida.  The trial resulted in a judgment in plaintiff’s favor.  Plaintiff has domesticated it here in California.  The court is aware that the matter is on appeal in Florida.

Defendant seeks to vacate the domestication of the Florida judgment because it violates fundamental California public policy.  As plaintiff points out, California has a constitutional duty to domesticate foreign sister-state judgments whether they comport with California law or not and even if the violate public policy.  There might be an exception where the public policy violation is severe enough, but this does not even come close.  Defendant also contends that there was extrinsic fraud.  The fraud asserted did not deprive the Florida court of jurisdiction, and the court does not even believe it was extrinsic fraud.  If defendant really believes there was extrinsic fraud, his remedy lies in Florida, not here.  But even assuming that the court could refuse to enforce the judgment due to the facts asserted by defendant, it would not do so.  Defendant had his day in court in Florida; this court will not interfere or refuse to honor that judgment.  The bottom line is that there is no basis to vacate the judgment.

In the alternative, defendant asks that the court stay enforcement of the judgment while it is on appeal in Florida.  Code of Civil procedure section 1710.5 subd. (a)(1) supports that request.  Indeed, a stay is mandatory where there is an appeal of the underlying judgment in the originating state.  However, the court has discretion to condition the stay.  One express condition the court may impose is the posting of a bond.  Given plaintiff’s showing as to the risks that defendant will take actions to make the judgment uncollectable, the court believes that such is appropriate.  Thus, the stay is conditioned upon either: (1) the posting of a bond that would be sufficient to stay a monetary judgment issued by a California court (150% of the judgment amount if by an admitted surety or 200% of the judgment amount if by a non-admitted surety); or (2) obtaining a stay from the Florida court.  Accordingly, the request to stay is GRANTED ON CONDITION that an appropriate bond be posted.