California Code of Civil Procedure 1734 – (a) An applicant may apply for recognition and entry of a …
(a) An applicant may apply for recognition and entry of a judgment based on a tribal court money judgment by filing an application in superior court pursuant to Section 1733.
(b) The application shall be executed under penalty of perjury and include all of the following information:
Terms Used In California Code of Civil Procedure 1734
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- 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.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Service of process: The service of writs or summonses to the appropriate party.
- 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
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(1) The name and address of the tribal court that issued the judgment to be enforced and the date of the tribal court money judgment or any renewal thereof.
(2) The name and address of the party seeking recognition.
(3) (A) Any of the following statements, as applicable:
(i) If the respondent is an individual, the name and last known residence address of the respondent.
(ii) If the respondent is a corporation, the corporation’s name, place of incorporation, and whether the corporation, if foreign, has qualified to do business in this state under the provisions of Chapter 21 (commencing with Section 2100) of Division 1 of Title 1 of the Corporations Code.
(iii) If the respondent is a partnership, the name of the partnership, whether it is a foreign partnership, and if it is a foreign partnership, whether it has filed a statement pursuant to § 15800 of the Corporations Code designating an agent for service of process.
(iv) If the respondent is a limited liability company, the company’s name, whether it is a foreign company, and if so, whether it has filed a statement pursuant to § 17060 of the Corporations Code.
(B) Except for facts that are matters of public record in this state, the statements required by this paragraph may be made on the basis of the applicant’s information and belief.
(4) A statement that an action in this state to enforce the tribal court money judgment is not barred by the applicable statute of limitations.
(5) A statement, based on the applicant’s information and belief, that the tribal court money judgment is final and that no stay of enforcement of the tribal court money judgment is currently in effect.
(6) A statement that includes all of the following:
(A) The amount of the award granted in the tribal court money judgment that remains unpaid.
(B) If accrued interest on the tribal court money judgment is to be included in the California judgment, the amount of interest accrued on the tribal court money judgment, computed at the rate of interest applicable to the judgment under the law of the tribal jurisdiction in which the tribal court money judgment was issued.
(C) The rate of interest applicable to the money judgment under the law of the jurisdiction in which the tribal court money judgment was issued.
(D) A citation to the supporting authority.
(7) A statement that no action based on the tribal court money judgment is currently pending in any state court and that no judgment based on the tribal court money judgment has previously been entered in any proceeding in this state.
(c) All of the following items shall be attached to the application:
(1) An authenticated copy of the tribal court money judgment, certified by the judge or clerk of the tribal court.
(2) A copy of the tribal court rules of procedure pursuant to which the tribal court money judgment was entered.
(3) A declaration under penalty of perjury by the tribal court clerk, applicant, or applicant’s attorney stating, based on personal knowledge, that the case that resulted in the entry of the judgment was conducted in compliance with the tribal court’s rules of procedure.
(Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.)