Tuesday, July 24, 2007

Societe Civile Succession v. Redstar Corp. (Cal. Ct. App. - July 24, 2007)

Sometimes it's not enough to know American civil procedure. Which is hard enough alone. Sometimes you've got to know all about civil procedure in France as well.

Which is even tougher. Especially if you don't even speak French.

So, yeah. It seems like Justice Mosk gets this one right, and that the "provisional" French judgment is subject to enforcement in the United States. I'm on board. But I could see how Judge Wu (the trial judge in L.A.) thought that only 30,000 francs of the 3 million+ franc judgment was subject to immediate enforcement. Being a superior court judge is hard enough. Having to figure all this French stuff out, especially alongside your hundreds of other active cases -- is even harder. Especially with both sides trying to "educate" you in a way that undoubtedly distorts and tilts the actual French law to their advantage.

So I feel for Judge Wu. Still, I'd reverse too. Seems right.