Third District Reverses Trial Court Recognition of Fee Award from Britain.
In the next one, Brits might think that we pesky U.S. rebels just have it in for them. Not quite, it simply was a technical interpretation of what awards can and cannot be enforced under the Uniform Foreign Money-Judgments Recognition Act, Civil Code sections 1713 et seq., which governs enforcement of foreign judgments in California (and most U.S.) courts.
In re Marriage of Lyustiger, Case No. C057861 (3d Dist. Sept. 29, 2008) (certified for publication) decided that a British “maintenance” award of 50,000 pounds for wife’s attorney’s fees was a “support” award that could not be enforced under the Uniform Act. (See Civ. Code, former sec. 1713.1(2), pre-2007 amendments, because the subject action was commenced in 2006.) The award of attorney’s fees, under the British award, was broad enough to be encompassed within the “support” prohibition. The trial court did enforce the British award in Yolo County Superior Court, a determination which was reversed by the Third District. [NOTE—2005 amendments to the Uniform Act, which were not applicable, do not seem to alter the “support” exception to enforcement.]