California Anti-Libel Tourism Act
1716. (a) Except as otherwise provided in subdivisions (b) and (c),
a court of this state shall recognize a foreign-country judgment to
which this chapter applies.
(b) A court of this state shall not recognize a foreign-country
judgment if any of the following apply:
(1) The judgment was rendered under a judicial system that does
not provide impartial tribunals or procedures compatible with the
requirements of due process of law.
(2) The foreign court did not have personal jurisdiction over the
(3) The foreign court did not have jurisdiction over the subject
(c) A court of this state is not required to recognize a
foreign-country judgment if any of the following apply:
(1) The defendant in the proceeding in the foreign court did not
receive notice of the proceeding in sufficient time to enable the
defendant to defend.
(2) The judgment was obtained by fraud that deprived the losing
party of an adequate opportunity to present its case.
(3) The judgment or the cause of action or claim for relief on
which the judgment is based is repugnant to the public policy of this
state or of the United States.
(4) The judgment conflicts with another final and conclusive
(5) The proceeding in the foreign court was contrary to an
agreement between the parties under which the dispute in question was
to be determined otherwise than by proceedings in that foreign
(6) In the case of jurisdiction based only on personal service,
the foreign court was a seriously inconvenient forum for the trial of
(7) The judgment was rendered in circumstances that raise
substantial doubt about the integrity of the rendering court with
respect to the judgment.
(8) The specific proceeding in the foreign court leading to the
judgment was not compatible with the requirements of due process of
(9) The judgment includes recovery for a claim of defamation
unless the court determines that the defamation law applied by the
foreign court provided at least as much protection for freedom of
speech and the press as provided by both the United States and
(d) If the party seeking recognition of a foreign-country judgment
has met its burden of establishing recognition of the
foreign-country judgment pursuant to subdivision (c) of Section 1715,
a party resisting recognition of a foreign-country judgment has the
burden of establishing that a ground for nonrecognition stated in
subdivision (b) or (c) exists.
1717. (a) A foreign-country judgment shall not be refused
recognition for lack of personal jurisdiction if any of the following
(1) The defendant was served with process personally in the
(2) The defendant voluntarily appeared in the proceeding, other
than for the purpose of protecting property seized or threatened with
seizure in the proceeding or of contesting the jurisdiction of the
court over the defendant.
(3) The defendant, before the commencement of the proceeding, had
agreed to submit to the jurisdiction of the foreign court with
respect to the subject matter involved.
(4) The defendant was domiciled in the foreign country when the
proceeding was instituted or was a corporation or other form of
business organization that had its principal place of business in, or
was organized under the laws of, the foreign country.
(5) The defendant had a business office in the foreign country and
the proceeding in the foreign court involved a cause of action or
claim for relief arising out of business done by the defendant
through that office in the foreign country.
(6) The defendant operated a motor vehicle or airplane in the
foreign country and the proceeding involved a cause of action or
claim for relief arising out of that operation.
(b) The list of bases for personal jurisdiction in subdivision (a)
is not exclusive. The courts of this state may recognize bases of
personal jurisdiction other than those listed in subdivision (a) as
sufficient to support a foreign-country judgment.
(c) If a judgment was rendered in an action for defamation in a
foreign country against a person who is a resident of California or a
person or entity amenable to jurisdiction in California, and
declaratory relief with respect to liability for the judgment or a
determination that the judgment is not recognizable in California
under Section 1716 is sought, a court has jurisdiction to determine
the declaratory relief action as well as personal jurisdiction over
the person or entity who obtained the foreign-country judgment if
both of the following apply:
(1) The publication at issue was published in California.
(2) The person who is a resident, or the person or entity who is
amenable to jurisdiction in California, either (A) has assets in
California that might be subject to an enforcement proceeding to
satisfy the foreign-country defamation judgment, or (B) may have to
take actions in California to comply with the foreign-country
This subdivision shall apply to persons who obtained judgments in
defamation proceedings in a foreign country both prior to and after
January 1, 2010.