§ 1725.Declaratory Relief
Title 11. Money Judgments of Other Jurisdictions · Chapter 2. Foreign-Country Money Judgments · Enacted 2017 · no amendments on record · Last verified July 29, 2026
Full Text of § 1725
Plain-English Summary
A foreign defamation judgment can hang over someone even before anyone tries to enforce it in California, and this section lets the affected person get ahead of that problem rather than waiting to be sued. If the person is a California resident or otherwise subject to jurisdiction here, has assets in the state that an enforcement proceeding could reach or would have to take some action here to comply with the judgment, and the publication at the center of the case occurred in California, that person may file for declaratory relief asking a California court to determine that the judgment cannot be recognized under Section 1716.
Once those conditions are satisfied, a California court has jurisdiction to decide that declaratory action, including personal jurisdiction over whoever obtained the foreign defamation judgment, even though that party may have no other connection to California. The section applies no matter when the foreign judgment was rendered, so someone facing an old foreign defamation judgment has the same access to this proactive remedy as someone facing a recent one.
Frequently Asked Questions
Can someone challenge a foreign defamation judgment in California before it is ever brought here for enforcement?
Yes. Section 1725 lets a qualifying person seek a declaratory judgment that the foreign judgment is unrecognizable under Section 1716, without waiting for an enforcement action.
What conditions must be met to use this declaratory relief option?
The person must be subject to California jurisdiction, have assets here or need to act here to comply with the judgment, and the publication at issue must have occurred in California.
Does the California court have jurisdiction over the person who obtained the foreign judgment?
Yes. The section gives the California court personal jurisdiction over that party for purposes of the declaratory relief action.
Does it matter how old the foreign defamation judgment is?
No. This section applies to a foreign-country defamation judgment regardless of when it was rendered.
Amendment History
Added by Stats 2017 ch 168 (AB 905),s 7, eff. 1/1/2018.