Judge: Thomas Falls, Case: 22PSCV01111, Date: 2023-02-21 Tentative Ruling

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Case Number: 22PSCV01111    Hearing Date: February 21, 2023    Dept: O

HEARING DATE:                 Tuesday, February 21, 2023

RE:                                          SHENZHEN QIANHAI BAOPING ASSET MANAGEMENT CO., LTD. vs JINGGANG YAN, et al. (22PSCV01111)

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Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT

 

Tentative Ruling

 

Plaintiff’s APPLICATION FOR DEFAULT JUDGMENT is DENIED without prejudice.

 

Background

 

On September 20, 2022 SHENZHEN QIANHAI BAOPING ASSET MANAGEMENT CO., Ltd filed suit against Defendants JINGGANG YAN, XIUHONG LIANG for FOR RECOGNITION AND ENFORCEMENT OF FOREIGNCOUNTRY MONEY JUDGMENT UNDER UNIFORM FOREIGH COUNTRY MONEY JUDGMENTS RECOGNITION ACT.

 

On November 14, 2022, default was entered against Defendants. That same day, Plaintiff filed the instant application. 

 

Discussion

 

Plaintiff’s complaint seeks a “judgment recognizing the foreign-country Judgment in the sum of RMB $65,110,500 plus post-judgment interest of 435,516.9 from the date of the foreign-country judgment (October 31, 2018), plus the deferred interest of RMB$ 3,670,576.95 (per year) over four years plus the liquidated damages of RMB 32,773 yuan per day plus the attorney fee of RMB $50,000 yuan and the costs of the foreign-country proceeding” and Plaintiff’s application for default judgment seeks a total of $9,306,431.24.[1]

 

The court, however, does not understand how Plaintiff calculated its damages. Therefore, Plaintiff is to provide a supplemental declaration explaining exactly what provisions in the foreign-country judgment allow for what damages and how those damages translate to

$9,306,431.24 in damages.

 

Conclusion

 

Based thereon, the application is denied without prejudice.


[1] “If recognition of a foreign-country judgment is sought as an original matter, the issue of recognition shall be raised by filing an action seeking recognition of the foreign-country judgment.” (CCP § 1718(a).) “Except as otherwise provided in subdivision (b), this chapter applies to a foreign-country judgment to the extent that the judgment both: (1)¿Grants or denies recovery of a sum of money[;] and (2)¿Under the law of the foreign country where rendered, is final, conclusive, and enforceable.” (CCP § 1715(a).) “This chapter does not apply to a foreign-country judgment, even if the judgment grants or denies recovery of a sum of money, to the extent that the judgment is any of the following: (1)¿A judgment for taxes[;] (2)¿A fine or other penalty[;or] (3)¿[domestic relations matters].” (CCP § 1715(b).)