California Code of Civil Procedure 1725 – (a) If all of the following conditions are satisfied, a person …
(a) If all of the following conditions are satisfied, a person against whom a foreign-country defamation judgment was rendered may seek declaratory relief with respect to liability for the judgment or a determination that the judgment is not recognizable under section 1716:
(1) The person is a resident or other person or entity amendable to jurisdiction in this state.
Terms Used In California Code of Civil Procedure 1725
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
- State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
(2) The person either has assets in this state that may be subject to an enforcement proceeding to satisfy the foreign-country defamation judgment or may have to take actions in this state to comply with the foreign-country defamation judgment.
(3) The publication at issue was published in this state.
(b) A court of this state has jurisdiction to determine a declaratory relief action or issue a determination pursuant to this section and has personal jurisdiction over the person or entity who obtained the foreign-country defamation judgment.
(c) This section shall apply to a foreign-country defamation judgment regardless of when it was rendered.
(Added by Stats. 2017, Ch. 168, Sec. 7. (AB 905) Effective January 1, 2018.)