216 Cal. App. 4th 378
Cal. Ct. App.2013Background
- Landstar obtained a Florida judgment against Robinson & Robinson, Inc. and sought to domesticate it in California.
- Wells Fargo, as secured lender, appointed a receiver for Robinson and its affiliates in separate state action.
- Wells Fargo filed a Mexican lawsuit; Wells Fargo obtained judicial liens on Mexican property held in a trust benefiting Robinson.
- Landstar moved for three orders: (i) a letter rogatory under the Inter-American Convention to register judgments in Mexico, (ii) an assignment of Robinson's rights to proceeds from Mexican property, and (iii) a restraining order on Robinson’s disposition of those rights.
- Landstar withdrew the assignment request but sought a restraining order; Wells Fargo and the receiver opposed all three requests.
- Trial court granted the letter rogatory and the restraining order, stayed pending appeal; the stay for the letter rogatory was granted, but not for the restraining order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the letter rogatory is authorized by the Inter-American Convention | Landstar seeks enforcement via notice to collect on judgment | Convention does not permit enforcement actions | No; Convention does not authorize enforcement-related letters rogatory |
| Whether a restraining order under CCP 708.520 may issue without a prior/ simultaneous assignment under 708.510 | Landstar sought to restrain transfer of rights to payment | Assignment required before restraining order | No; restraining order without an assignment is improper |
Key Cases Cited
- Medellín v. Texas, 552 U.S. 491 (U.S. 2008) (textual interpretation of treaties governs outcome)
- Air France v. Saks, 470 U.S. 392 (U.S. 1985) (treaty interpretations rely on ordinary meaning of terms)
- Kreimerman v. Casa Veerkamp, S.A. de C.V., 22 F.3d 634 (5th Cir. 1994) (treaty interpretation and scope considerations)
- Kolovrat v. Oregon, 366 U.S. 187 (U.S. 1961) (executive interpretation of treaties given weight)
- Osario v. Harza Engineering Co., 890 F. Supp. 750 (N.D. Ill. 1995) (letters rogatory not proper vehicle to enforce foreign judgments)