Julen v. Larson 25 Cal. App. 3d 325 :: Volume 25 :: Cal. App. 3d :: California Case Law :: US Case Law :: US Law :: Justia

31 Мар 2014 | Author: | Комментарии к записи Julen v. Larson 25 Cal. App. 3d 325 :: Volume 25 :: Cal. App. 3d :: California Case Law :: US Case Law :: US Law :: Justia отключены
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Julen v.

[Civ. No. Court of of California, Appellate District, Two. May 1972.]

MARTIN Plaintiff and v. PHILLIP LARSON, Defendant Respondent

(Opinion Fleming, J. Roth, P. and Compton, concurring.) [25 App. 3d

COUNSEL

Milan for Plaintiff Appellant.

Denis Rice, Gerald Wright and Prim, Smith, Downs for and Respondent.


FLEMING, J.

Julen (plaintiff) business as in Zermatt, filed a against Phillip Larson (defendant) Robert La predicated on money judgment [25 Cal. 3d 327] a Swiss of general in connection the sale goods. (Code Proc. §§ the Uniform Money-Judgments Recognition Defendant’s motion summary judgment granted by trial court the principal that the of Swiss was not calculated to defendant notice the action resulted in Swiss judgment. Mullane v. Hanover Tr. 339 U.S. [94 L.Ed. 70 S.Ct.

The merits the controversy resulted in foreign judgment not before Prior to entry of Swiss judgment, received two dated 3 and 16 1965 by mail from Consulate General Switzerland in Francisco. Neither gave notice the nature the documents it enclosed. 1 We judicial notice the enclosures documents in German language. Code, § subd. (f).)

affidavit in of his for summary states: I not read and the tacitly admits claim. Further, avers he not apprised the contents the documents, although the asserts that was generally that plaintiff to take action against it does suggest that knew what documents were how or they originated.

To be and enforced the same as the of a state entitled full faith credit, a money judgment be conclusive. Civ. Proc. 1713.2, 1713.3.) is not if the court did acquire personal over the (Code Civ. § 1713.4.) personal jurisdiction defendant was on the that defendant been doing in Switzerland had thereby himself to jurisdiction of Swiss courts. Civ. Proc. 1713.5, subd. Assuming the of this (cf. International Tramway Corp. Konrad Dopplemayr 70 Cal. 400 [74 908, 450 284]), the court could personal jurisdiction defendant only effective service its process. service of by mail a foreign is no automatically objectionable in appropriate may result the acquisition a foreign Cal. App. 328] court personal jurisdiction a defendant Code Civ. §§ 413.10, 417.20), the served must defendant sufficient of the foreign proceedings satisfy the of due of law.

Notice to effective must informative. There no evidence defendant acquired in fact the action against him Switzerland. Defendant not understand language in the legal were written, the accompanying did not the documents materials of significance. After Swiss judgment been rendered received a communication in dated 25 1966, accompanied a letter English which referred to Swiss District for the time. Even the communication no further of the

Hence plaintiff rely on service of documents themselves support his that legal of the Swiss action given to defendant by Swiss court. is legally if it reasonably calculated impart knowledge an impending (Code Civ. § 413.10, (c); Mullane Central Hanover Co. 339 306, 314 [94 L.Ed. 873-874, 70 652]; Rest. § 22, (c).) While do not documents in foreign language be translated English in to be served, we at a a defendant be informed the language the jurisdiction which he served [in English (Code Proc. § that a action of specific nature pending against at a time and Normally this should include location of pending action, amount involved, date defendant required to and the consequences of failure to Judged by standard the given here inadequate. We that no amount of is required effective notice. the letter the Swiss had informed that an by Julen SF30,000 was against him the Swiss court of and that he responded a particular judgment in amount might entered against then the of the served on would have sufficiently explained, the requirements due process law with to notice have been

We are in our by an of the established requirements the Convention the Service of Judicial Extrajudicial Documents Civil and Matters, effective February 1969. U.S.T. pt. pp. 361-373 Article 5 the [25 App. 3d Convention requires at the of the of documents a summary the documents be served addition to documents themselves. form of summary is in the and it the minimum necessary for notice. fn. The [25 App. 3d Convention states the standard of the shall be in English French and also be in the of the state, and corresponding blanks the form be completed English or or the of the state. The also declares Article 5 the serving may require documents served translated into official language. we do believe translation the documents should be required, we the summary with the should normally written in that is say the of the of service. of the into English, necessary, imposes burden on process and insures that essentials of documents are known to person served.

Since in present case informative notice given in we conclude the documents correspondence served defendant did give him notice of pending Swiss and consequently Swiss court acquired the on which adjudicate the of personal over defendant.

judgment is

Roth, P. and Compton, concurred.

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FN I have requested by authority of Switzerland, to you the documents. Please receipt by signing and the enclosed form no 56792 to Consulate General.

am enclosing a letter May 28, addressed to by the of Visp, Please acknowledge of this by dating, and returning enclosed slip Z 56792 this Consulate

FN 2. is a of the form:

Summary the Document be Served

Convention on service abroad judicial and documents in or commercial signed at Hague, the

(article 5, paragraph)

Name address of requesting authority:____________________

____________________

Particulars the parties*:____________________

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