State Codes and Statutes

Statutes > California > Ccp > 1710.10-1710.65

CODE OF CIVIL PROCEDURE
SECTION 1710.10-1710.65



1710.10.  As used in this chapter:
   (a) "Judgment creditor" means the person or persons who can bring
an action to enforce a sister state judgment.
   (b) "Judgment debtor" means the person or persons against whom an
action to enforce a sister state judgment can be brought.
   (c) "Sister state judgment" means that part of any judgment,
decree, or order of a court of a state of the United States, other
than California, which requires the payment of money, but does not
include a support order as defined in Section 155 of the Family Code.



1710.15.  (a) A judgment creditor may apply for the entry of a
judgment based on a sister state judgment by filing an application
pursuant to Section 1710.20.
   (b) The application shall be executed under oath and shall include
all of the following:
   (1) A statement that an action in this state on the sister state
judgment is not barred by the applicable statute of limitations.
   (2) A statement, based on the applicant's information and belief,
that no stay of enforcement of the sister state judgment is currently
in effect in the sister state.
   (3) A statement of the amount remaining unpaid under the sister
state judgment and, if accrued interest on the sister state judgment
is to be included in the California judgment, a statement of the
amount of interest accrued on the sister state judgment (computed at
the rate of interest applicable to the judgment under the law of the
sister state), a statement of the rate of interest applicable to the
judgment under the law of the sister state, and a citation to the law
of the sister state establishing the rate of interest.
   (4) A statement that no action based on the sister state judgment
is currently pending in any court in this state and that no judgment
based on the sister state judgment has previously been entered in any
proceeding in this state.
   (5) Where the judgment debtor is an individual, a statement
setting forth the name and last known residence address of the
judgment debtor. Where the judgment debtor is a corporation, a
statement of 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.
Where the judgment debtor is a partnership, a statement of 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. Except for facts which are matters of public
record in this state, the statements required by this paragraph may
be made on the basis of the judgment creditor's information and
belief.
   (6) A statement setting forth the name and address of the judgment
creditor.
   (c) A properly authenticated copy of the sister state judgment
shall be attached to the application.



1710.20.  (a) An application for entry of a judgment based on a
sister state judgment 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, the proper county for the filing of an application is any
of the following:
   (1) The county in which any judgment debtor resides.
   (2) If no judgment debtor is a resident, any county in this state.
   (c) A case in which the sister state judgment amounts to
twenty-five thousand dollars ($25,000) or less is a limited civil
case.


1710.25.  (a) Upon the filing of the application, the clerk shall
enter a judgment based upon the application for the total of the
following amounts as shown therein:
   (1) The amount remaining unpaid under the sister state judgment.
   (2) The amount of interest accrued on the sister state judgment
(computed at the rate of interest applicable to the judgment under
the law of the sister state).
   (3) The amount of the fee for filing the application for entry of
the sister state judgment.
   (b) Entry shall be made in the same manner as entry of an original
judgment of the court. From the time of entry, interest shall accrue
on the judgment so entered at the rate of interest applicable to a
judgment entered in this state.



1710.30.  (a) Notice of entry of judgment shall be served promptly
by the judgment creditor upon the judgment debtor 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. Notice shall be in a form
prescribed by the Judicial Council and shall inform the judgment
debtor that the judgment debtor has 30 days within which to make a
motion to vacate the judgment.
   (b) The fee for service of the notice of entry of judgment 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 such fee may not exceed the amount allowed to a public officer
or employee in this state for such service.



1710.35.  Except as otherwise provided in this chapter, a judgment
entered pursuant to this chapter shall have the same effect as an
original money judgment of the court and may be enforced or satisfied
in like manner.


1710.40.  (a) A judgment entered pursuant to this chapter may be
vacated on any ground which would be a defense to an action in this
state on the sister state judgment, including the ground that the
amount of interest accrued on the sister state judgment and included
in the judgment entered pursuant to this chapter is incorrect.
   (b) Not later than 30 days after service of notice of entry of
judgment pursuant to Section 1710.30, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2, the judgment debtor, on written
notice to the judgment creditor, may make a motion to vacate the
judgment under this section.
   (c) Upon the hearing of the motion to vacate the judgment under
this section, the judgment may be vacated upon any ground provided in
subdivision (a) and another and different judgment entered,
including, but not limited to, another and different judgment for the
judgment creditor if the decision of the court is that the judgment
creditor is entitled to such different judgment. The decision of the
court on the motion to vacate the judgment shall be given and filed
with the clerk of court in the manner provided in Sections 632, 634,
and 635, except that the court is not required to make any written
findings and conclusions if the amount of the judgment as entered
under Section 1710.25 does not exceed one thousand dollars ($1,000).



1710.45.  (a) Except as otherwise provided in this section, a writ
of execution on a judgment entered pursuant to this chapter shall not
issue, nor may the judgment be enforced by other means, until at
least 30 days after the judgment creditor serves notice of entry of
the judgment upon the judgment debtor, proof of which has been made
in the manner provided by Article 5 (commencing with Section 417.10)
of Chapter 4 of Title 5 of Part 2.
   (b) A writ of execution may be issued, or other enforcement
sought, before service of the notice of entry of judgment if the
judgment debtor is any of the following:
   (1) An individual who does not reside in this state.
   (2) A foreign corporation not 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.
   (3) A foreign partnership which has not filed a statement pursuant
to Section 15700 of the Corporations Code designating an agent for
service of process.
   (c) The court may order that a writ of execution be issued, or may
permit enforcement by other means, before service of the notice of
entry of judgment if the court finds upon an ex parte showing that
great or irreparable injury would result to the judgment creditor if
issuance of the writ or enforcement were delayed as provided in
subdivision (a).
   (d) Property levied upon pursuant to a writ issued under
subdivision (b) or (c) or otherwise sought to be applied to the
satisfaction of the judgment shall not be sold or distributed before
30 days after the judgment creditor serves notice of entry of the
judgment upon the judgment debtor, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2. However, if property levied upon is
perishable, it may be sold in order to prevent its destruction or
loss of value, but the proceeds of the sale shall not be distributed
to the judgment creditor before the date sale of nonperishable
property is permissible.



1710.50.  (a) The court shall grant a stay of enforcement where:
   (1) An appeal from the sister state judgment is pending or may be
taken in the state which originally rendered the judgment. Under this
paragraph, enforcement shall be stayed until the proceedings on
appeal have been concluded or the time for appeal has expired.
   (2) A stay of enforcement of the sister state judgment has been
granted in the sister state. Under this paragraph, enforcement shall
be stayed until the sister state stay of enforcement expires or is
vacated.
   (3) The judgment debtor has made a motion to vacate pursuant to
Section 1710.40. Under this paragraph, enforcement shall be stayed
until the judgment debtor's motion to vacate is determined.
   (4) Any other circumstance exists where the interests of justice
require a stay of enforcement.
   (b) The court may grant a stay of enforcement under this section
on its own motion, on ex parte motion, or on noticed motion.
   (c) The court shall grant a stay of enforcement under this section
on such terms and conditions as are just including but not limited
to the following:
   (1) The court may require an undertaking in an amount it
determines to be just, but the amount of the undertaking shall not
exceed double the amount of the judgment creditor's claim.
   (2) If a writ of execution has been issued, the court may order
that it remain in effect.
   (3) If property of the judgment debtor has been levied upon under
a writ of execution, the court may order the levying officer to
retain possession of the property capable of physical possession and
to maintain the levy on other property.



1710.55.  No judgment based on a sister state judgment may be
entered pursuant to this chapter in any of the following cases:
   (a) A stay of enforcement of the sister state judgment is
currently in effect in the sister state.
   (b) An action based on the sister state judgment is currently
pending in any court in this state.
   (c) A judgment based on the sister state judgment has previously
been entered in any proceeding in this state.



1710.60.  (a) Except as provided in subdivision (b), nothing in this
chapter affects any right a judgment creditor may have to bring an
action to enforce a sister state judgment.
   (b) No action to enforce a sister state judgment may be brought
where a judgment based on such sister state judgment has previously
been entered pursuant to this chapter.



1710.65.  The entry of a judgment based on a sister state judgment
pursuant to this chapter does not limit the right of the judgment
creditor to bring an action based on the part of a judgment of a
sister state which does not require the payment of money, nor does
the bringing of such an action limit the right of the judgment
creditor to obtain entry of judgment based on the sister state
judgment pursuant to this chapter.


State Codes and Statutes

Statutes > California > Ccp > 1710.10-1710.65

CODE OF CIVIL PROCEDURE
SECTION 1710.10-1710.65



1710.10.  As used in this chapter:
   (a) "Judgment creditor" means the person or persons who can bring
an action to enforce a sister state judgment.
   (b) "Judgment debtor" means the person or persons against whom an
action to enforce a sister state judgment can be brought.
   (c) "Sister state judgment" means that part of any judgment,
decree, or order of a court of a state of the United States, other
than California, which requires the payment of money, but does not
include a support order as defined in Section 155 of the Family Code.



1710.15.  (a) A judgment creditor may apply for the entry of a
judgment based on a sister state judgment by filing an application
pursuant to Section 1710.20.
   (b) The application shall be executed under oath and shall include
all of the following:
   (1) A statement that an action in this state on the sister state
judgment is not barred by the applicable statute of limitations.
   (2) A statement, based on the applicant's information and belief,
that no stay of enforcement of the sister state judgment is currently
in effect in the sister state.
   (3) A statement of the amount remaining unpaid under the sister
state judgment and, if accrued interest on the sister state judgment
is to be included in the California judgment, a statement of the
amount of interest accrued on the sister state judgment (computed at
the rate of interest applicable to the judgment under the law of the
sister state), a statement of the rate of interest applicable to the
judgment under the law of the sister state, and a citation to the law
of the sister state establishing the rate of interest.
   (4) A statement that no action based on the sister state judgment
is currently pending in any court in this state and that no judgment
based on the sister state judgment has previously been entered in any
proceeding in this state.
   (5) Where the judgment debtor is an individual, a statement
setting forth the name and last known residence address of the
judgment debtor. Where the judgment debtor is a corporation, a
statement of 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.
Where the judgment debtor is a partnership, a statement of 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. Except for facts which are matters of public
record in this state, the statements required by this paragraph may
be made on the basis of the judgment creditor's information and
belief.
   (6) A statement setting forth the name and address of the judgment
creditor.
   (c) A properly authenticated copy of the sister state judgment
shall be attached to the application.



1710.20.  (a) An application for entry of a judgment based on a
sister state judgment 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, the proper county for the filing of an application is any
of the following:
   (1) The county in which any judgment debtor resides.
   (2) If no judgment debtor is a resident, any county in this state.
   (c) A case in which the sister state judgment amounts to
twenty-five thousand dollars ($25,000) or less is a limited civil
case.


1710.25.  (a) Upon the filing of the application, the clerk shall
enter a judgment based upon the application for the total of the
following amounts as shown therein:
   (1) The amount remaining unpaid under the sister state judgment.
   (2) The amount of interest accrued on the sister state judgment
(computed at the rate of interest applicable to the judgment under
the law of the sister state).
   (3) The amount of the fee for filing the application for entry of
the sister state judgment.
   (b) Entry shall be made in the same manner as entry of an original
judgment of the court. From the time of entry, interest shall accrue
on the judgment so entered at the rate of interest applicable to a
judgment entered in this state.



1710.30.  (a) Notice of entry of judgment shall be served promptly
by the judgment creditor upon the judgment debtor 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. Notice shall be in a form
prescribed by the Judicial Council and shall inform the judgment
debtor that the judgment debtor has 30 days within which to make a
motion to vacate the judgment.
   (b) The fee for service of the notice of entry of judgment 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 such fee may not exceed the amount allowed to a public officer
or employee in this state for such service.



1710.35.  Except as otherwise provided in this chapter, a judgment
entered pursuant to this chapter shall have the same effect as an
original money judgment of the court and may be enforced or satisfied
in like manner.


1710.40.  (a) A judgment entered pursuant to this chapter may be
vacated on any ground which would be a defense to an action in this
state on the sister state judgment, including the ground that the
amount of interest accrued on the sister state judgment and included
in the judgment entered pursuant to this chapter is incorrect.
   (b) Not later than 30 days after service of notice of entry of
judgment pursuant to Section 1710.30, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2, the judgment debtor, on written
notice to the judgment creditor, may make a motion to vacate the
judgment under this section.
   (c) Upon the hearing of the motion to vacate the judgment under
this section, the judgment may be vacated upon any ground provided in
subdivision (a) and another and different judgment entered,
including, but not limited to, another and different judgment for the
judgment creditor if the decision of the court is that the judgment
creditor is entitled to such different judgment. The decision of the
court on the motion to vacate the judgment shall be given and filed
with the clerk of court in the manner provided in Sections 632, 634,
and 635, except that the court is not required to make any written
findings and conclusions if the amount of the judgment as entered
under Section 1710.25 does not exceed one thousand dollars ($1,000).



1710.45.  (a) Except as otherwise provided in this section, a writ
of execution on a judgment entered pursuant to this chapter shall not
issue, nor may the judgment be enforced by other means, until at
least 30 days after the judgment creditor serves notice of entry of
the judgment upon the judgment debtor, proof of which has been made
in the manner provided by Article 5 (commencing with Section 417.10)
of Chapter 4 of Title 5 of Part 2.
   (b) A writ of execution may be issued, or other enforcement
sought, before service of the notice of entry of judgment if the
judgment debtor is any of the following:
   (1) An individual who does not reside in this state.
   (2) A foreign corporation not 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.
   (3) A foreign partnership which has not filed a statement pursuant
to Section 15700 of the Corporations Code designating an agent for
service of process.
   (c) The court may order that a writ of execution be issued, or may
permit enforcement by other means, before service of the notice of
entry of judgment if the court finds upon an ex parte showing that
great or irreparable injury would result to the judgment creditor if
issuance of the writ or enforcement were delayed as provided in
subdivision (a).
   (d) Property levied upon pursuant to a writ issued under
subdivision (b) or (c) or otherwise sought to be applied to the
satisfaction of the judgment shall not be sold or distributed before
30 days after the judgment creditor serves notice of entry of the
judgment upon the judgment debtor, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2. However, if property levied upon is
perishable, it may be sold in order to prevent its destruction or
loss of value, but the proceeds of the sale shall not be distributed
to the judgment creditor before the date sale of nonperishable
property is permissible.



1710.50.  (a) The court shall grant a stay of enforcement where:
   (1) An appeal from the sister state judgment is pending or may be
taken in the state which originally rendered the judgment. Under this
paragraph, enforcement shall be stayed until the proceedings on
appeal have been concluded or the time for appeal has expired.
   (2) A stay of enforcement of the sister state judgment has been
granted in the sister state. Under this paragraph, enforcement shall
be stayed until the sister state stay of enforcement expires or is
vacated.
   (3) The judgment debtor has made a motion to vacate pursuant to
Section 1710.40. Under this paragraph, enforcement shall be stayed
until the judgment debtor's motion to vacate is determined.
   (4) Any other circumstance exists where the interests of justice
require a stay of enforcement.
   (b) The court may grant a stay of enforcement under this section
on its own motion, on ex parte motion, or on noticed motion.
   (c) The court shall grant a stay of enforcement under this section
on such terms and conditions as are just including but not limited
to the following:
   (1) The court may require an undertaking in an amount it
determines to be just, but the amount of the undertaking shall not
exceed double the amount of the judgment creditor's claim.
   (2) If a writ of execution has been issued, the court may order
that it remain in effect.
   (3) If property of the judgment debtor has been levied upon under
a writ of execution, the court may order the levying officer to
retain possession of the property capable of physical possession and
to maintain the levy on other property.



1710.55.  No judgment based on a sister state judgment may be
entered pursuant to this chapter in any of the following cases:
   (a) A stay of enforcement of the sister state judgment is
currently in effect in the sister state.
   (b) An action based on the sister state judgment is currently
pending in any court in this state.
   (c) A judgment based on the sister state judgment has previously
been entered in any proceeding in this state.



1710.60.  (a) Except as provided in subdivision (b), nothing in this
chapter affects any right a judgment creditor may have to bring an
action to enforce a sister state judgment.
   (b) No action to enforce a sister state judgment may be brought
where a judgment based on such sister state judgment has previously
been entered pursuant to this chapter.



1710.65.  The entry of a judgment based on a sister state judgment
pursuant to this chapter does not limit the right of the judgment
creditor to bring an action based on the part of a judgment of a
sister state which does not require the payment of money, nor does
the bringing of such an action limit the right of the judgment
creditor to obtain entry of judgment based on the sister state
judgment pursuant to this chapter.



State Codes and Statutes

State Codes and Statutes

Statutes > California > Ccp > 1710.10-1710.65

CODE OF CIVIL PROCEDURE
SECTION 1710.10-1710.65



1710.10.  As used in this chapter:
   (a) "Judgment creditor" means the person or persons who can bring
an action to enforce a sister state judgment.
   (b) "Judgment debtor" means the person or persons against whom an
action to enforce a sister state judgment can be brought.
   (c) "Sister state judgment" means that part of any judgment,
decree, or order of a court of a state of the United States, other
than California, which requires the payment of money, but does not
include a support order as defined in Section 155 of the Family Code.



1710.15.  (a) A judgment creditor may apply for the entry of a
judgment based on a sister state judgment by filing an application
pursuant to Section 1710.20.
   (b) The application shall be executed under oath and shall include
all of the following:
   (1) A statement that an action in this state on the sister state
judgment is not barred by the applicable statute of limitations.
   (2) A statement, based on the applicant's information and belief,
that no stay of enforcement of the sister state judgment is currently
in effect in the sister state.
   (3) A statement of the amount remaining unpaid under the sister
state judgment and, if accrued interest on the sister state judgment
is to be included in the California judgment, a statement of the
amount of interest accrued on the sister state judgment (computed at
the rate of interest applicable to the judgment under the law of the
sister state), a statement of the rate of interest applicable to the
judgment under the law of the sister state, and a citation to the law
of the sister state establishing the rate of interest.
   (4) A statement that no action based on the sister state judgment
is currently pending in any court in this state and that no judgment
based on the sister state judgment has previously been entered in any
proceeding in this state.
   (5) Where the judgment debtor is an individual, a statement
setting forth the name and last known residence address of the
judgment debtor. Where the judgment debtor is a corporation, a
statement of 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.
Where the judgment debtor is a partnership, a statement of 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. Except for facts which are matters of public
record in this state, the statements required by this paragraph may
be made on the basis of the judgment creditor's information and
belief.
   (6) A statement setting forth the name and address of the judgment
creditor.
   (c) A properly authenticated copy of the sister state judgment
shall be attached to the application.



1710.20.  (a) An application for entry of a judgment based on a
sister state judgment 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, the proper county for the filing of an application is any
of the following:
   (1) The county in which any judgment debtor resides.
   (2) If no judgment debtor is a resident, any county in this state.
   (c) A case in which the sister state judgment amounts to
twenty-five thousand dollars ($25,000) or less is a limited civil
case.


1710.25.  (a) Upon the filing of the application, the clerk shall
enter a judgment based upon the application for the total of the
following amounts as shown therein:
   (1) The amount remaining unpaid under the sister state judgment.
   (2) The amount of interest accrued on the sister state judgment
(computed at the rate of interest applicable to the judgment under
the law of the sister state).
   (3) The amount of the fee for filing the application for entry of
the sister state judgment.
   (b) Entry shall be made in the same manner as entry of an original
judgment of the court. From the time of entry, interest shall accrue
on the judgment so entered at the rate of interest applicable to a
judgment entered in this state.



1710.30.  (a) Notice of entry of judgment shall be served promptly
by the judgment creditor upon the judgment debtor 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. Notice shall be in a form
prescribed by the Judicial Council and shall inform the judgment
debtor that the judgment debtor has 30 days within which to make a
motion to vacate the judgment.
   (b) The fee for service of the notice of entry of judgment 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 such fee may not exceed the amount allowed to a public officer
or employee in this state for such service.



1710.35.  Except as otherwise provided in this chapter, a judgment
entered pursuant to this chapter shall have the same effect as an
original money judgment of the court and may be enforced or satisfied
in like manner.


1710.40.  (a) A judgment entered pursuant to this chapter may be
vacated on any ground which would be a defense to an action in this
state on the sister state judgment, including the ground that the
amount of interest accrued on the sister state judgment and included
in the judgment entered pursuant to this chapter is incorrect.
   (b) Not later than 30 days after service of notice of entry of
judgment pursuant to Section 1710.30, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2, the judgment debtor, on written
notice to the judgment creditor, may make a motion to vacate the
judgment under this section.
   (c) Upon the hearing of the motion to vacate the judgment under
this section, the judgment may be vacated upon any ground provided in
subdivision (a) and another and different judgment entered,
including, but not limited to, another and different judgment for the
judgment creditor if the decision of the court is that the judgment
creditor is entitled to such different judgment. The decision of the
court on the motion to vacate the judgment shall be given and filed
with the clerk of court in the manner provided in Sections 632, 634,
and 635, except that the court is not required to make any written
findings and conclusions if the amount of the judgment as entered
under Section 1710.25 does not exceed one thousand dollars ($1,000).



1710.45.  (a) Except as otherwise provided in this section, a writ
of execution on a judgment entered pursuant to this chapter shall not
issue, nor may the judgment be enforced by other means, until at
least 30 days after the judgment creditor serves notice of entry of
the judgment upon the judgment debtor, proof of which has been made
in the manner provided by Article 5 (commencing with Section 417.10)
of Chapter 4 of Title 5 of Part 2.
   (b) A writ of execution may be issued, or other enforcement
sought, before service of the notice of entry of judgment if the
judgment debtor is any of the following:
   (1) An individual who does not reside in this state.
   (2) A foreign corporation not 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.
   (3) A foreign partnership which has not filed a statement pursuant
to Section 15700 of the Corporations Code designating an agent for
service of process.
   (c) The court may order that a writ of execution be issued, or may
permit enforcement by other means, before service of the notice of
entry of judgment if the court finds upon an ex parte showing that
great or irreparable injury would result to the judgment creditor if
issuance of the writ or enforcement were delayed as provided in
subdivision (a).
   (d) Property levied upon pursuant to a writ issued under
subdivision (b) or (c) or otherwise sought to be applied to the
satisfaction of the judgment shall not be sold or distributed before
30 days after the judgment creditor serves notice of entry of the
judgment upon the judgment debtor, proof of which has been made in
the manner provided by Article 5 (commencing with Section 417.10) of
Chapter 4 of Title 5 of Part 2. However, if property levied upon is
perishable, it may be sold in order to prevent its destruction or
loss of value, but the proceeds of the sale shall not be distributed
to the judgment creditor before the date sale of nonperishable
property is permissible.



1710.50.  (a) The court shall grant a stay of enforcement where:
   (1) An appeal from the sister state judgment is pending or may be
taken in the state which originally rendered the judgment. Under this
paragraph, enforcement shall be stayed until the proceedings on
appeal have been concluded or the time for appeal has expired.
   (2) A stay of enforcement of the sister state judgment has been
granted in the sister state. Under this paragraph, enforcement shall
be stayed until the sister state stay of enforcement expires or is
vacated.
   (3) The judgment debtor has made a motion to vacate pursuant to
Section 1710.40. Under this paragraph, enforcement shall be stayed
until the judgment debtor's motion to vacate is determined.
   (4) Any other circumstance exists where the interests of justice
require a stay of enforcement.
   (b) The court may grant a stay of enforcement under this section
on its own motion, on ex parte motion, or on noticed motion.
   (c) The court shall grant a stay of enforcement under this section
on such terms and conditions as are just including but not limited
to the following:
   (1) The court may require an undertaking in an amount it
determines to be just, but the amount of the undertaking shall not
exceed double the amount of the judgment creditor's claim.
   (2) If a writ of execution has been issued, the court may order
that it remain in effect.
   (3) If property of the judgment debtor has been levied upon under
a writ of execution, the court may order the levying officer to
retain possession of the property capable of physical possession and
to maintain the levy on other property.



1710.55.  No judgment based on a sister state judgment may be
entered pursuant to this chapter in any of the following cases:
   (a) A stay of enforcement of the sister state judgment is
currently in effect in the sister state.
   (b) An action based on the sister state judgment is currently
pending in any court in this state.
   (c) A judgment based on the sister state judgment has previously
been entered in any proceeding in this state.



1710.60.  (a) Except as provided in subdivision (b), nothing in this
chapter affects any right a judgment creditor may have to bring an
action to enforce a sister state judgment.
   (b) No action to enforce a sister state judgment may be brought
where a judgment based on such sister state judgment has previously
been entered pursuant to this chapter.



1710.65.  The entry of a judgment based on a sister state judgment
pursuant to this chapter does not limit the right of the judgment
creditor to bring an action based on the part of a judgment of a
sister state which does not require the payment of money, nor does
the bringing of such an action limit the right of the judgment
creditor to obtain entry of judgment based on the sister state
judgment pursuant to this chapter.