EJ-115 Notice of Application for Recognition and Entry of Tribal Court Money Judgment

Source: https://www.courts.ca.gov/documents/ej115.pdf

EJ-115 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO: FOR COURT USE ONLY NAME: FIRM NAME: STREET ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR (name/address): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME:

APPLICANT: RESPONDENT: NOTICE OF APPLICATION FOR RECOGNITION AND ENTRY OF CASE NUMBER: TRIBAL COURT MONEY JUDGMENT NOTICE: An application has been filed for this court to recognize and enter a tribal court money judgment against you. A copy of the application, including a copy of the tribal court money judgment, is being served with this notice. Unless you file objections with the superior court named above within 30 days after service of this notice, the court will enter that judgment against you. Entry of Judgment. (a) If no objections are timely filed in accordance with the provisions below (and set forth in Code of Civil Procedure section 1737), the clerk shall certify that no objections were timely filed, and a judgment shall be entered. (b) The judgment entered by the superior court shall be based on and contain the provisions and terms of the tribal court money judgment. The judgment shall be entered in the same manner, have the same effect, and be enforceable in the same manner as any civil judgment, order, or decree of a court of this state. How to Object: (a) Any objection to the recognition and entry of the tribal court money judgment shall be served and filed within 30 days of service of the notice of filing. If any objection is filed within this time period, the superior court shall set a time period for replies and set the matter for a hearing. The hearing shall be held by the superior court within 45 days from the date the objection is filed unless good cause exists for a later hearing. The only grounds for objecting to the recognition or enforcement of a tribal court money judgment are the grounds set forth in subdivisions (b) and (c). (b) A tribal court money judgment shall not be recognized and entered if the respondent demonstrates to the superior court that at least one of the following occurred: (1) The tribal court did not have personal jurisdiction over the respondent. (2) The tribal court did not have jurisdiction over the subject matter. (3) 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. (c) The superior court may, in its discretion, decline to recognize and enter a tribal court money judgment on any one of the following grounds: (1) The defendant in the proceeding in the tribal 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 the state or of the United States. (4) The judgment conflicts with another final and conclusive judgment. (5) The proceeding in the tribal 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 tribal court. (6) In the case of jurisdiction based on personal service only, the tribal court was a seriously inconvenient forum for the trial of the action. (7) The judgment was rendered under circumstances that raise substantial doubt about the integrity of the rendering court with respect to the judgment. (8) The specific proceeding in the tribal court leading to the judgment was not compatible with the requirements of due process of law. (9) The judgment includes recovery for a claim of defamation, unless the court determines that the defamation law applied by the tribal court provided at least as much protection for freedom of speech and the press as provided by both the United States and California Constitutions. (d) If objections have been timely filed, the applicant has the burden of establishing that the tribal court money judgment is entitled to recognition. If the applicant has met its burden, a party resisting recognition of the tribal court money judgment has the burden of establishing that a ground for nonrecognition exists pursuant to subdivisions (b) or (c). [SEAL] Date: Clerk, by , Deputy 4. NOTICE TO THE PERSON SERVED: You are served a. as an individual. b. under the fictitious name of (specify): c. on behalf of (specify): Under: CCP 416.10 (corporation) CCP 416.60 (minor) CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual) other: (Proof of service on reverse) Page 1 of 2 Form Adopted for Mandatory Judicial Council of California Use NOTICE OF APPLICATION FOR RECOGNITION AND ENTRY OF Code Civil Procedure, §§www.courts.ca.gov1734, 1736, 1737 EJ-115 [New July 1, 2015] TRIBAL COURT MONEY JUDGMENT

PROOF OF SERVICE EJ-115 (Use separate proof of service for each person served.)

1. I served the Notice of Application for Recognition and Entry of Tribal Court Money Judgment and the application with all attachments as follows: a. on respondent (name): b. by serving judgment debtor other (name and title or relationship to person served):

   c. by delivery at home at business (1) date: (2) time: (3) address:

d. by mailing
(1) date:
(2) place:

2. Manner of service (check proper box): a. Personal service. By personally delivering copies. (CCP 415.10.) b. Substituted service on corporation, unincorporated association (including partnership), or public entity. By leaving, during usual office hours, copies in the office of the person served with the person who apparently was in charge and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(a).) c. Substituted service on natural person, minor, conservatee, or candidate. By leaving copies at the dwelling house, usual place of abode, or usual place of business of the person served in the presence of a competent member of the household or a person apparently in charge of the office or place of business, at least 18 years of age, who was informed of the general nature of the papers, and thereafter mailing (by first-class mail, postage prepaid) copies to the person served at the place where the copies were left. (CCP 415.20(b).) (Attach separate declaration or affidavit stating acts relied on to establish reasonable diligence in first attempting personal service.) d. Mail and acknowledgment service. By mailing (by first-class mail or airmail, postage prepaid) copies to the person served, together with two copies of the form of notice and acknowledgment and a return envelope, postage prepaid, addressed to the sender. (CCP 415.30.) (Attach completed acknowledgment of receipt.) e. Certified or registered mail service. By mailing to an address outside California (by first-class mail, postage prepaid, requiring a return receipt) copies to the person served. (CCP 415.40.) (Attach signed return receipt or other evidence of actual delivery to the person served.) f. Other (specify code section): Additional page is attached.
3. The "Notice to the Person Served" was completed as follows: a. as an individual b. as the person sued under the fictitious name of (specify): c. on behalf of (specify): under: CCP 416.10 (corporation) CCP 416.60 (minor) other: CCP 416.20 (defunct corporation) CCP 416.70 (conservatee) CCP 416.40 (association or partnership) CCP 416.90 (individual)
4. At the time of service, I was at least 18 years of age and not a party to this action.
5. Fee for service: $
6. Person serving: a. California sheriff, marshal, or constable f. Name, address, and telephone number and, if applicable, b. Registered California process server county of registration and number: c. Employee or independent contractor of a registered California process server d. Not a registered California process server e. Exempt from registration under Business and Professions Code, section 22350(b)

I declare under penalty of perjury under the laws of the (For California sheriff, marshal, or constable use only) State of California that the foregoing is true and correct. I certify that the foregoing is true and correct. Date: Date:

(SIGNATURE) (SIGNATURE)

[New July 1, 2015] NOTICE OF APPLICATION FOR RECOGNITION AND ENTRY OF Page 2 of 2 TRIBAL COURT MONEY JUDGMENT For your protection and privacy, please press the Clear This Form button after you have printed the form. Print Save Clear