Plata v. Darbun Enterprises
Eighteen individuals (plaintiffs) filed a superior court complaint against Darbun Enterprises, Inc. (Darbun) seeking recognition of a 2004 Mexican judgment that was renewed in July 2008. The court sustained Darbun's demurrer without leave to amend on the ground that the Mexican judgment is a "penalty" and thus not enforceable under California's Uniform Foreign-Country Money Judgments Recognition Act ("Foreign-Country Judgments Act" or "Act"). (Code Civ. Proc., § 1713 et seq.)[1]
The Foreign-Country Judgments Act does not permit enforcement of a foreign judgment "to the extent" the judgment is a "fine or other penalty." (§ 1715, subd. (b)(2).) We determine the court erred in ruling at the pleadings stage that the entire Mexican judgment is a "penalty" as a matter of law and thus unenforceable in California. Although a substantial portion of the Mexican judgment constitutes a penalty, plaintiffs have pled sufficient facts to overcome the Act's enforcement bar with respect to the remaining portions of the judgment. Accordingly, we reverse.[2]
FACTUAL AND PROCEDURAL BACKGROUND
In reviewing the court's ruling sustaining the demurrer, we are limited to considering facts alleged in the complaint and the attached incorporated documents. (See Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) In its respondent's brief, Darbun discusses numerous facts that are beyond the scope of the complaint and are unsupported by any citation to the appellate record. Under settled rules, we disregard these unsupported factual assertions. (See Duarte v. Chino Community Hospital (1999) 72 Cal.App.4th 849, 856.)
Comments on Plata v. Darbun Enterprises