The full faith and credit clause of the United States Constitution, Article IV, Section 1, requires a state to enforce a judgment rendered in another state, but only where all parties were provided reasonable notice and an opportunity to be heard. (Washoe Development Company v. Guaranty Federal Bank (1996) 47 Cal.App.4th 1518, 1521.) If a sister-state judgment was obtained in violation of constitutional protections, including due process, full faith and credit must be denied. (State of Arizona ex rel. Arizona Department of Revenue v. Yuen (2009) 179 Cal.App.4th 169, 179.)

“The full faith and credit provision of the Constitution is designed to provide a method of proving the record of a judicial proceeding in one state for the express purpose of carrying out the result of that proceeding in other states.” (In re Laura F. (2000) 83 Cal.App.4th 583, 592-593.) This provision requires that the judgment of another state “be given as much effect in the state of the forum as in the state of its rendition.” (In re Mary G. (2007) 151 Cal.App.4th 184, 201; Code of Civ. Proc., §§ 1710.10, et seq.; Martin v. Martin (1970) 2 Cal.3d 752, 762 fn.13.)

Legal Standard

“It is well settled that both the validity and the effect of a judgment are governed by the laws of the state where it is rendered.... Judgments rendered in another state will usually be accepted as conclusive proof of the exact rights which have been finally adjudicated thereby.” (In re Laura F. (2000) 83 Cal.App.4th 583, 592-593.) However, “a sister state judgment is not, by itself, enforceable in California. It is only after the sister state judgment has been made a California judgment that any form of execution or enforcement can be had.” (Epps v. Russell (1976) 62 Cal.App.3d 201, 204, 133 Cal.Rptr. 30.)

“In response to the constitutional mandate of full faith and credit, the California Legislature enacted [the Sister State and Foreign Money—Judgments Act (SSFMJA)].... An application for entry of a sister state judgment under the SSFMJA is not the exclusive means to enforce the sister state judgment in California. As an alternative, such enforcement may be sought through a traditional lawsuit. (Code of Civ. Proc., § 1710.60.) With certain exceptions, the new judgment obtained when a sister-state judgment is registered in California has the same effect as an original money judgment and may be enforced or satisfied in like manner.” (Conseco Marketing, LLC v. IFA and Insurance Services, Inc. (2013) 221 Cal.App.4th 831, 837-38.)

“[A] judgment is entitled to full faith and credit even as to questions of jurisdiction when the second court's inquiry discloses that those questions have been fully and fairly litigated and finally decided in the court which rendered the original judgment.” (Thorley v. Super. Ct. 78 Cal.App.3d at p, 908, 144 Cal.Rptr. 557.)

Vacating Sister State Judgment

A judgment based on a sister state judgment “may be vacated on any ground which would be a defense to an action in this state on the sister state judgment.” (Code of Civ. Proc., § 1710.40(a).) Although the statute does not identify all the available defenses, the Law Revision Commission’s comment to section 1710.40 states that common defenses to enforcement of a sister state judgment include:

1. the judgment is not final and unconditional;
2. the judgment was obtained by extrinsic fraud;
3. the judgment was rendered in excess of jurisdiction;
4. the judgment is not enforceable in the state of rendition;
5. the judgment has already been paid;
6. the plaintiff is guilty of misconduct; and
7. the action on the judgment is barred by the statute of limitation in the state where enforcement is sought.

(Cal. Law Revision Com. com., Deering's Ann. Code Civ. Proc. (1981 ed.) foll. § 1710.40, p. 405; Harris v. EMI Television Programs, Inc. (1980) 102 Cal.App.3d 214, 217; Fidelity Creditor Service, ‘Inc. v. Browne (2001) 89 Cal.App.4th 195, 203-204.)

The party moving to vacate the sister state judgment has the burden to show by the preponderance of the evidence why the party is entitled to relief. (Tsakos Shipping & Trading, S.A. v. Juniper Garden Town Homes, Ltd. (1993) 12 Cal.App.4th 74, 89–90.)

Staying Enforcement of Sister State Judgment

A court shall stay enforcement of a judgment on a sister-state judgment where:

1. An appeal from the sister state judgment is pending or may be taken in the state which originally rendered the judgment. Under this paragraph, enforcement shall be stayed until the proceedings on appeal have been concluded or the time for appeal has expired.
2. A stay of enforcement of the sister state judgment has been granted in the sister state. Under this paragraph, enforcement shall be stayed until the sister state stay of enforcement expires or is vacated.
3. The judgment debtor has made a motion to vacate pursuant to Section 1710.40. Under this paragraph, enforcement shall be stayed until the judgment debtor’s motion to vacate is determined.
4. Any other circumstance exists where the interests of justice require a stay of enforcement.

(Code of Civ. Proc., § 1710.50(a).)

Procedure

A judgment creditor may apply for entry of judgment based on a sister-state judgment. (Code of Civ. Proc., § 1710.15.) The application shall be executed under penalty of perjury and shall include

1. a statement that an action in this state on the sister-state judgment is not barred by the applicable statute of limitations,
2. a statement, based on the applicant’s information and belief, that no stay of enforcement of the sister-state judgment is currently in effect in the sister state,
3. a statement of the amount remaining unpaid under the sister-state judgment and, if accrued interest on the sister-state judgment is to be included in the California judgment, a statement of the amount of interest accrued on the sister-state judgment,
4. a statement that no judgment based on the sister-state judgment has previously been entered in any proceeding in this state,
5. where the judgment debtor is an individual, a statement setting forth the name and last known residence address of the judgment debtor, and
6. a statement setting forth the name and address of the judgment creditor.

(Code of Civ. Proc., § 1710.15(b).)

A properly authenticated copy of the sister-state judgment shall be attached to the application. (Code of Civ. Proc., § 1710.15(d).)

These procedures provide an expeditious and economical registration procedure for enforcing sister-state money judgments in California. (Washoe Dev. Co. v. Irving Sav. Ass'n (1996) 47 Cal.App.4th 1518, 1521-1522.) The procedure offers a judgment creditor the opportunity to obtain a California judgment simply by registering his or her sister-state judgment with the specified superior court, thus avoiding the necessity of bringing a completely independent action. (Id.) With certain statutory exceptions, the new judgment has the same effect as an original California money judgment and may be enforced or satisfied in like manner. (Id.)