California 2009-2010 Regular Session Status: To Executive

SB 320 — Judgments: foreign-country money judgments.

Last action — Chaptered by Secretary of State. Chapter 579, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law, the Uniform Foreign-Country Money Judgments Recognition Act, provides that foreign-country judgments that grant or deny recovery of a sum of money and that are final and conclusive are enforceable in California, with specified exceptions. The act excepts foreign-country judgments from its provisions in certain instances, including when the judgment was rendered under a system that does not provide impartial tribunals or the court lacked jurisdiction. The act prohibits nonrecognition of a foreign judgment based on a lack of personal jurisdiction if certain bases of personal jurisdiction are present. This bill would additionally except from recognition under the act a foreign-country judgment if the judgment includes recovery for a claim of defamation unless the court determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions. The bill would provide, if a judgment was rendered in an action for defamation in a foreign country against a person who is a resident of California or a person or entity amenable to jurisdiction in California, and declaratory relief with respect to liability for the judgment or a determination is sought that the judgment is not recognizable in California under the act, that a court has jurisdiction to determine the declaratory relief action as well as personal jurisdiction over the person or entity who obtained the foreign-country judgment if the publication at issue was published in California, and the defendant has assets in California that might be subject to an enforcement proceeding to satisfy the foreign-country defamation judgment or may have to take actions in California to comply with the foreign-country defamation judgment.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 579, Statutes of 2009.

  2. Approved by Governor.

  3. Enrolled. To Governor at 11 a.m.

  4. Ordered held in Engrossing and Enrolling.

  5. Returned by the Governor at the request of the Senate.

  6. Enrolled. To Governor at 10 a.m.

  7. Senate concurs in Assembly amendments. (Ayes 39. Noes 0. Page 1924.) To enrollment.

  8. To Special Consent Calendar.

  9. In Senate. To unfinished business.

  10. Read third time. Passed. (Ayes 75. Noes 0. Page 2607.) To Senate.

  11. Read second time. To third reading.

  12. (Heard in committee on June 23.)

  13. From committee: Do pass. (Ayes 10. Noes 0.)

  14. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  15. To Com. on JUD.

  16. In Assembly. Read first time. Held at Desk.

  17. Read third time. Passed. (Ayes 38. Noes 0. Page 886.) To Assembly.

  18. Read second time. To third reading.

  19. From committee: Do pass. (Ayes 5. Noes 0. Page 701.)

  20. Set for hearing April 28.

  21. Set, first hearing. Hearing canceled at the request of author.

  22. Set for hearing April 14.

  23. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on JUD.

  24. To Com. on JUD.

  25. From print. May be acted upon on or after March 28.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Corbett · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Corbett

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Passed 40 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 37001
Democratic 2000
Republican 1000
Total 40001
% of votes cast 98%0%0%2%
How each member voted (41)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Kehoe — Yea
Liu — Yea
McLeod — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Alquist — Yea
Benoit — Yea
Dutton — Yea
Oropeza — Yea
Price — Yea
Romero — Yea
Wyland — Yea
Steinberg — Yea
Walters — Yea
Wiggins — Yea
Wolk — Yea
Aanestad — Yea
Ashburn — Yea
Huff — Yea
Leno — Yea
Maldonado — Yea
Pavley — Not Voting
Simitian — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Passed 86 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 81004
Democratic 2001
Republican 3000
Total 86005
% of votes cast 95%0%0%5%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Coto — Yea
Davis — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Huffman — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Beall — Yea
Duvall — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
V. — Yea
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Cook — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Not Voting
Swanson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Blakeslee — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Nielsen — Yea
Solorio — Yea
Torlakson — Yea
Emmerson — Yea
Evans — Yea
DeVore — Yea
Yamada — Yea
Fuentes — Not Voting
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Yea
Lieu — Yea
Brownley — Yea
Krekorian — Yea
Monning — Yea
Silva — Yea
Tran — Yea
Evans — Yea
Jones, Brian W. Republican Yea

Official roll call →

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 35001
Democratic 3000
Republican 1000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Not Voting
Corbett — Yea
Ducheny — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Negrete — Yea
Runner — Yea
Kehoe — Yea
Dutton — Yea
Leno — Yea
McLeod — Yea
Ashburn — Yea
Benoit — Yea
Oropeza — Yea
Pavley — Yea
Steinberg — Yea
Wiggins — Yea
Wolk — Yea
Wright — Yea
Aanestad — Yea
Alquist — Yea
Liu — Yea
Maldonado — Yea
Romero — Yea
Simitian — Yea
Walters — Yea
Wyland — Yea
Cogdill — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Lowenthal, Josh Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Florez — Yea
Harman — Yea
Walters — Yea
Leno — Yea
Corbett — Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 320 do?
Existing law, the Uniform Foreign-Country Money Judgments Recognition Act, provides that foreign-country judgments that grant or deny recovery of a sum of money and that are final and conclusive are enforceable in California, with specified exceptions. The act excepts foreign-country judgments from its provisions in certain instances, including when the judgment was rendered under a system that does not provide impartial tribunals or the court lacked jurisdiction. The act prohibits nonrecognition of a foreign judgment based on a lack of personal jurisdiction if certain bases of personal jurisdiction are present. This bill would additionally except from recognition under the act a foreign-country judgment if the judgment includes recovery for a claim of defamation unless the court determines that the defamation law applied by the foreign court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions. The bill would provide, if a judgment was rendered in an action for defamation in a foreign country against a person who is a resident of California or a person or entity amenable to jurisdiction in California, and declaratory relief with respect to liability for the judgment or a determination is sought that the judgment is not recognizable in California under the act, that a court has jurisdiction to determine the declaratory relief action as well as personal jurisdiction over the person or entity who obtained the foreign-country judgment if the publication at issue was published in California, and the defendant has assets in California that might be subject to an enforcement proceeding to satisfy the foreign-country defamation judgment or may have to take actions in California to comply with the foreign-country defamation judgment.
Who sponsors SB 320?
SB 320 is sponsored by Corbett.
What is the current status of SB 320?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 320?
Track SB 320 free on One Click Politics — get push/email alerts when it moves.

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