Demenyuk v. Demenyuk

Filing 5

ORDER Dismissing 4 Second Petition filed by Pavel Demenyuk. Signed by Magistrate Judge Donna M. Ryu on 2/14/2017. (dmrlc1, COURT STAFF) (Filed on 2/14/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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PAVEL DEMENYUK,

Case No. 16-mc-80105-DMR

Plaintiff,
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v.
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SERGEY DEMENYUK,
Defendant.

United States District Court
Northern District of California

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ORDER DISMISSING SECOND
PETITION FOR RECOGNITION AND
ENFORCEMENT OF FOREIGNCOUNTRY MONEY JUDGMENT
Re: Dkt. No. 4

Pavel Demenyuk filed a “petition on recognition and enforcement of foreign-country

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money judgment” and a motion for leave to proceed in forma pauperis (“IFP”). [Docket Nos. 1

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(petition), 2 (IFP application).] Demenyuk filed the petition seeking to recognize and enforce a

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money judgment entered in 2011 in Estonia against his brother, Sergey Demenyuk.

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On August 5, 2016, the court granted the IFP application and dismissed the petition,

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explaining that “[u]nder California law, a party seeking recognition of a foreign judgment under

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[the Uniform Foreign Money-Judgments Recognition Act] must file a civil action, and a court

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cannot recognize a foreign-country money judgment on petition.” [Docket No. 3 (citing Hyundai

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Secs. Co. v. Lee, 215 Cal. App. 4th 682, 693(2013); Cal. Civ. Proc. Code § 1718(a)).]

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Accordingly, since “a petition is not a proper way to seek recognition of a foreign-country money

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judgment,” the court dismissed the petition without prejudice to Demenyuk’s filing a civil action

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to enforce the judgment and instructed the Clerk to close the file. Id. On November 23, 2016,

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Demenyuk filed a second petition, nearly identical to the first, in which he again asks the court to

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recognize the judgment entered in Estonia in 2011. [Docket No. 4.] As the court previously held,

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a court cannot recognize a foreign-country money judgment on petition. Demenyuk “must

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proceed in accordance with the normal procedures applicable to actions” in order to obtain

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recognition of the Estonian judgment. See Hyundai, 215 Cal. App. 4th at 693. This includes

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satisfying subject matter jurisdiction if he seeks to file a complaint in federal court. Demenyuk’s

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second petition is dismissed without prejudice to his filing a civil action to enforce the judgment.

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This matter is closed. No further filings shall be made under this miscellaneous case number.

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United States District Court
Northern District of California

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IT IS S
Donna M. Ryu
United States Magistrate Judge

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Dated: February 14, 2017

UNIT
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IT IS SO ORDERED.

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