Case Alert: Chinese Court Recognized And Enforced A Civil Judgment Rendered By US Court

Facts

The petitioner and respondent made an Agreement on Share Transfer (the Agreement) in the United States on September 22, 2013. Pursuant to the Agreement, the petitioner paid the respondent the full amount of contract price, US$12,500, on September 22 and 25, 2013 respectively. The respondent's whereabouts have been unknown since receipt of the payment.

The petitioner (the plaintiff) brought the case before Los Angeles Superior Court in California on July 17, 2014, on the ground of contractual fraud (case No. EC062608).

After failing to serve the legal documents by post, Los Angeles Superior Court made an order on service by publication. The declarations were published on San Gabriel Forum four times successively on January 15, January 22, January 29 and February 5, 2015. The court rendered a default judgment (the Judgment) in favor of the plaintiff (the petitioner) since the defendant (the respondent) failed to appear and file an answer before the deadline.