Amended by Stats. 2017, Ch. 168, Sec. 10. (AB 905) Effective January 1, 2018.
This chapter shall be known and may be cited as the Tribal Court Civil Money Judgment Act.
Chapter 3 - Tribal Court Civil Money Judgment Act
California Code of Civil Procedure — §§ 1730-1741
Sections (13)
Amended by Stats. 2023, Ch. 138, Sec. 1. (AB 1139) Effective January 1, 2024.
(a)This chapter governs the procedures by which the superior courts of the State of California recognize and enter tribal court money judgments of any federally recognized Indian tribe. Determinations regarding recognition and entry of a tribal court money judgment pursuant to state law shall have no effect upon the independent authority of that judgment. To the extent not inconsistent with this chapter, the Code of Civil Procedure shall apply.
(b)This chapter does not apply to any of the following tribal court money judgments:
(1)For taxes, fines, or other
penalties, except for tribal taxes as described in clause 3 of subparagraph (B) of paragraph (3) of subdivision (d) of Section 1616 of Article 10 of Chapter 4 of Division 2 of Title 18 of the California Code of Regulations, and related interest or penalties.
(2)For which federal law requires that states grant full faith and
credit recognition, including child support orders under the Full Faith and Credit for Child Support Orders Act (28 U.S.C. Sec. 1738B), except for the purposes of recognizing a tribal court order establishing the right of a child or other dependent of a participant in a retirement plan or other plan of deferred compensation to an assignment of all or a portion of the benefits payable.
(3)For which state law provides for recognition, including child support orders recognized under the Uniform Child Custody Jurisdiction and Enforcement Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), other forms of family support orders under the Uniform Interstate Family Support Act (Part 6 (commencing with Section 5700.101) of Division 9 of the Family Code), except for the purposes of recognizing a tribal court
order establishing the right of a spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation to an assignment of all or a portion of the benefits payable.
(4)For decedents’ estates, guardianships, conservatorships, internal affairs of trusts, powers of attorney, or other tribal court money judgments that arise in proceedings that are or would be governed by the Probate Code.
(c)Nothing in this chapter shall be deemed or construed to expand or limit the jurisdiction of either the state or any Indian tribe.
Amended by Stats. 2017, Ch. 168, Sec. 12. (AB 905) Effective January 1, 2018.
For purposes of this chapter:
(a)“Applicant” means the person or persons who can bring an action to enforce a tribal court money judgment.
(b)“Civil action or proceeding” means any action or proceeding that is not criminal, except for those actions or proceedings expressly excluded by subdivision (b) of Section
1731.
(c)“Due process” includes, but is not limited to, the right to be represented by legal counsel, to receive reasonable notice and an opportunity for a hearing, to call and cross-examine witnesses, and to present evidence and argument to an impartial decisionmaker.
(d)“Good cause” means a substantial reason, taking into account the prejudice or irreparable harm a party will suffer if a hearing is not held on an objection or not held within the time periods established by this chapter.
(e)“Respondent” means the person or persons against whom an action to enforce a tribal court money judgment can be brought.
(f)“Tribal court” means any court or other tribunal of any federally recognized Indian nation, tribe, pueblo, band, or Alaska Native village,
duly established under tribal or federal law, including Courts of Indian Offenses organized pursuant to Part 11 of Title 25 of the Code of Federal Regulations.
(g)“Tribal court money judgment” means any written judgment, decree, or order of a tribal court for a specified amount of money that was issued in a civil action or proceeding that is final, conclusive, and enforceable by the tribal court in which it was issued and is duly authenticated in accordance with the laws and procedures of the tribe or tribal court.
Amended by Stats. 2023, Ch. 861, Sec. 8. (SB 71) Effective January 1, 2024.
(a)An application for entry of a judgment under this chapter shall be filed in a superior court.
(b)Subject to the power of the court to transfer proceedings under this chapter pursuant to Title 4 (commencing with Section 392) of Part 2, and except as provided in Section 1733.1, the proper county for the filing of an application is either of the following:
(1)The county in which any respondent resides or owns property.
(2)If no respondent is a resident, any county in this state.
(c)A case in which the tribal court money judgment amounts to
thirty-five thousand dollars ($35,000) or less is a limited civil case.
Amended by Stats. 2022, Ch. 420, Sec. 14. (AB 2960) Effective January 1, 2023.
(a)(1) If the parties to the underlying tribal court proceeding agree, the parties may file a joint application for the recognition of a tribal court order that establishes a right to child support, spousal support payments, or marital property rights to such spouse, former spouse, child, or other dependent of a participant in a retirement plan or other plan of deferred compensation, which order assigns all or a portion of the benefits payable with respect to the participant to an alternate payee.
(2)If one of the parties to a tribal court order described in paragraph (1) does not agree to join in the application, the other party may proceed by having the tribal court
execute a certificate in lieu of the signature of the other party. The Judicial Council shall adopt a format for the certificate.
(3)The application shall be on a form adopted by the Judicial Council, executed under penalty of perjury by parties to the
proceeding submitting the application.
(4)The application shall include the name, current address, telephone number, and email address of each party, the name and mailing address of the issuing tribal court, and a certified copy of the order to be recognized.
(b)The filing fee for an application filed under this section is one hundred dollars ($100).
(c)An application filed pursuant to this section may be filed in the county in which either one of the parties resides.
(d)Entry of the tribal court order under this section does not confer any jurisdiction on a court of this state to modify or enforce the tribal court
order.
Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.
(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:
(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 Section 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 Section 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.
Amended by Stats. 2021, Ch. 58, Sec. 4. (AB 627) Effective January 1, 2022.
(a)Promptly upon the filing of an application pursuant to Section 1734, the applicant shall serve upon the respondent a notice of filing of the application to recognize and enter the tribal court money judgment, together with a copy of the application and any documents filed with the application. The notice of filing shall be in a form that shall be prescribed by the Judicial Council, and shall inform the respondent that the respondent has 30 days from service of the notice of filing to file objections to the enforcement of the tribal court money judgment. The notice shall include the name and address of the applicant and
the applicant’s attorney, if any, and the text of Sections 1736 and 1737.
(b)Except as provided in subdivision (c), service shall be made in the manner provided for service of summons by Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2.
(c)If a respondent is the State of California or any of its officers, employees, departments, agencies, boards, or commissions, service of the notice of filing on that respondent may be by mail to the office of the Attorney General.
(d)The fee for service of the notice of filing under this section is an item of costs recoverable in the same manner as statutory fees for service of a writ as provided in Chapter 5 (commencing with Section 685.010) of Division 1 of Title 9 of Part 2, but the recoverable amount for that fee shall not exceed the amount allowed
to a public officer or employee of this state for that service.
(e)The applicant shall file a proof of service of the notice promptly following service.
Amended by Stats. 2021, Ch. 58, Sec. 5. (AB 627) Effective January 1, 2022.
(a)If no objections are timely filed in accordance with Section 1737, the clerk shall certify that no objections were timely filed, and a judgment shall be entered.
(b)The judgment entered by the superior court shall be based on and contain the provisions and terms of the tribal court money judgment. The judgment shall be entered in the same manner, have the same effect, and be enforceable in the same manner as any civil judgment, order, or decree of a court of this state, except as provided in Section 1733.1.
Amended by Stats. 2021, Ch. 58, Sec. 6. (AB 627) Effective January 1, 2022.
(a)Any objection to the recognition and entry of the tribal court money judgment sought under Section 1734 shall be served and filed within 30 days of service of the notice of filing. If any objection is filed within this time period, the superior court shall set a time period for replies and set the matter for a hearing. The hearing shall be held by the superior court within 45 days from the date the objection is filed unless good cause exists for a later hearing. The only grounds for objecting to the recognition or enforcement of a tribal court money judgment are the grounds set forth in subdivisions (b), (c), and (d).
(b)A tribal court money judgment shall
not be recognized and entered if the respondent demonstrates to the superior court that at least one of the following occurred:
(1)The tribal court did not have personal jurisdiction over the respondent.
(2)The tribal court did not have jurisdiction over the subject matter.
(3)The judgment was rendered under a judicial system that does not provide impartial tribunals or procedures compatible with the requirements of due process of law.
(c)(1) The superior court shall decline to recognize and enter a tribal court money judgment if any one of the following grounds applies:
(A) The defendant in the proceeding in the tribal court did not receive notice of the
proceeding in sufficient time to enable the defendant to defend.
(B) The judgment was obtained by fraud that deprived the losing party of an adequate opportunity to present its case.
(C) The judgment or the cause of action or claim for relief on which the judgment is based is repugnant to the public policy of the state or of the United States.
(D) The proceeding in the tribal court was contrary to an agreement between the parties under which the dispute in question was to be determined otherwise than by proceedings in that tribal court.
(E) In the case of jurisdiction based on personal service only, the tribal court was a seriously inconvenient forum for the trial of the action.
(F) The
judgment was rendered under circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment.
(G) The specific proceeding in the tribal court leading to the judgment was not compatible with the requirements of due process of law.
(H) The judgment includes recovery for a claim of defamation, unless the court determines that the defamation law applied by the tribal court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions.
(2)Notwithstanding an applicable ground for nonrecognition under paragraph (1), the court may nonetheless recognize a tribal court money judgment if the applicant demonstrates good reason to recognize the judgment that outweighs the ground for nonrecognition.
(d)The superior court may, in its discretion, decline to recognize and enter a tribal court money judgment if the judgment conflicts with another final and conclusive judgment.
(e)If objections have been timely filed, the applicant has the burden of establishing that the tribal court money judgment is entitled to recognition. If the applicant has met its burden, a party resisting recognition of the tribal court money judgment has the burden of establishing that a ground for nonrecognition exists pursuant to subdivision (b), (c), or (d).
Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.
The superior court shall grant a stay of enforcement if the respondent establishes one of the following to the superior court:
(a)An appeal from the tribal court money judgment is pending or may be taken in the tribal court, in which case the superior court shall stay state execution of the tribal court money judgment until the proceeding on appeal has been
concluded or the time for appeal has expired.
(b)A stay of enforcement of the tribal court money judgment has been granted by the tribal court, in which case the superior court shall stay enforcement of the tribal court money judgment until the stay of execution expires or is vacated.
(c)Any other circumstance exists where the interests of justice require a stay of enforcement.
Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.
An action to recognize a tribal court money judgment or any renewal thereof shall be commenced within the earlier of the following periods:
(a)The time during which the tribal court money judgment is effective within the territorial jurisdiction of the tribal court.
(b)Ten years from the date that
the tribal court money judgment became effective in the tribal jurisdiction.
Added by Stats. 2014, Ch. 243, Sec. 4. (SB 406) Effective January 1, 2015.
(a)The superior court may, after notice to all parties, attempt to resolve any issues raised regarding a tribal court money judgment by contacting the tribal court judge who issued the judgment.
(b)The superior court shall allow the parties to participate in, and shall prepare a record of, any communication made with the tribal court judge
pursuant to this section.
Amended by Stats. 2017, Ch. 168, Sec. 15. (AB 905) Effective January 1, 2018.
(a)The Uniform Foreign-Country Money Judgments Recognition Act (Chapter 2 (commencing with Section 1713)) applies to all actions commenced in superior court before January 1, 2015, in which the issue of recognition of a tribal court money judgment is raised.
(b)This chapter applies to all actions to enforce tribal court money judgments as defined herein
commenced in superior court on or after January 1, 2015. A judgment entered under this chapter shall not limit the right of a party to seek enforcement of any part of a judgment, order, or decree entered by a tribal court that is not encompassed by the judgment entered under this chapter.