Attorney General of Canada v. Malone CA2/7
John Anthony Malone failed to repay his Canadian student loans. A Canadian court entered a judgment against Malone and, 10 years later, entered an order renewing the judgment. The judgment creditor, Her Majesty the Queen In Right of Canada, by and through her representative, the Attorney General of Canada (Attorney General), filed this civil action in California to recognize the foreign judgment and moved for summary judgment. The trial court granted the motion and entered judgment in favor of the Attorney General.
Malone contends the 10-year statute of limitations for an action to recognize a foreign judgment (Code Civ. Proc., § 1721) bars the domestication of the Canadian judgment in California. We agree. Accordingly, summary judgment is reversed and the matter remanded for further proceedings.
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