December 18, 2018

December 18, 2018

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December 17, 2018

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California Court Finds Russian Court's Service Comported With Due Process

California adopted the 1962 Uniform Foreign Money-Judgments Recognition Act in 1967.  The Act was intended to encourage the reciprocal recognition of United States judgments abroad by codifying rules as to foreign money judgments.  In 2005, the Uniform Law Commission updated the 1962 Act and renamed it the Uniform Foreign Country Money Judgments Recognition Act.  In California, the act is codified in its present form at Sections 1713 to 1725 of the Code of Civil Procedure.

Yesterday, the Court of Appeal took up the question of whether service of process by a Russian court was effective.  AO Alpha Bank v. Yakovlev, 2018 Cal. App. LEXIS 198.  In an opinion by Justice William Dato, the Fourth District Court of Appeal found "due process does not require actual notice; it requires only a method of service 'reasonably calculated' to impart actual notice under the circumstances of the case".  In this case, service was mailed to the judgment debtor at the address provided in the surety agreement upon which he was sued.  

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About this Author

Keith Paul Bishop, Corporate Transactions Lawyer, finance securities attorney, Allen Matkins Law Firm

Keith Paul Bishop is a partner in Allen Matkins' Corporate and Securities practice group, and works out of the Orange County office. He represents clients in a wide range of corporate transactions, including public and private securities offerings of debt and equity, mergers and acquisitions, proxy contests and tender offers, corporate governance matters and federal and state securities laws (including the Sarbanes-Oxley Act of 2002 and the Dodd-Frank Act), investment adviser, financial services regulation, and California administrative law. He regularly advises clients...