Week of October 29, 2007

"Although Northrop does not expressly say so, it appears to be arguing that, even if the 10-year statute applies to enforcement actions, the four-year statute applies to recognition actions. For this there is no authority, not even Dore v. Thornburgh, which was an action to enforce a foreign judgment and predated the Uniform Act’s recognition provisions by 75 years. Moreover, the suggestion that a shorter statute of limitations should apply to a “recognition” action than to an action seeking enforcement of the judgment after it is recognized is irrational, as it would completely undercut the Legislature’s intent to enforce foreign judgments in like manner with sister state judgments.

Justice Laurence D. Rubin
Guimaraes v. Northrop Grumman Corporation (Oct. 30, 2007, B194205)
p. 8

Bonus Quote: From page 9 of the same case: "
Northrop further argues that the Legislature’s requirement that foreign judgments be enforced “in the same manner” as sister state judgments does not include time limitations, which govern “when” an action may be brought, not “how” it must be brought. Neither legal authorities nor common sense supports this proposition. The definition of “manner” includes “a mode of procedure” (Webster’s Ninth New Collegiate Dictionary (1989) p. 724, column 2), and timing is a matter of procedure."