United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER
Waddoups United States District Judge.
December 5, 2013, the Clerk for United States District Court,
Central District of California issued a Certification of a
Judgment to be Registered in Another District. The foreign
judgment was then registered in this district on December 12,
2013 (ECF No. 2). Plaintiff Travelers Casualty and Surety
Company of America (“Travelers”) now seeks to
renew that judgment pursuant to Utah Code Ann. §
78B-6-1802, and Rules 7 and 58C of the Utah Rules of Civil
Procedure. For the reasons stated below, the court denies the
motion without prejudice.
13, 2011, Travelers obtained a default judgment against
Defendants Desert Gold Ventures, LLC; Jurassic Ventures, LLC;
Michael Mabugat; and Teresa Mabugat (collectively
“Defendants”). Default Jdmt., at 2 (ECF No.
The judgment consisted of $5, 830, 344.81 in money damages
and “$6, 000, 000 in collateral security to be posted
to Travelers by Defendants to cover Travelers' exposure
for potential losses on claims against the surety bond issued
by Travelers on behalf of Defendants.” Id. at
3. This constituted specific performance under “the
terms of the General Contract of Indemnity executed by
Defendants.” Id. The Default Judgment did not
specify the post-judgment interest rate.
registering the foreign judgment in this district on December
12, 2013, Travelers filed a Transcript of Judgment on
December 30, 2013, in the Fourth Judicial District Court for
Wasatch County, State of Utah, Civil No. 136500864. Decl. of
David L. Pinkston, ¶ 7 (ECF No. 6). Approximately two
years later, Travelers commenced a separate quiet title
action in the Fourth District (No. 150500102), “seeking
to invalidate other liens on the Mabugats' property in
the county.” Id. ¶ 8.
obtaining Default Judgment, “Travelers has received
payments, credits, and recoveries (from other indemnitors) on
the obligation at various times . . . in the total amount of
$9, 200, 000.00” Id. ¶ 15. Travelers also
asserts interest has continued to accrue either at the
post-judgment rate under California law, or Utah law, or
under the federal post-judgment rate. Id.
asserts that it seeks to renew the Judgment “primarily
to support its Judgment Lien . . . as an in rem
action.” Mot. to Renew, at 2 (ECF No. 5). Accordingly,
it is not seeking to renew the Judgment “to
enforce any personal liability against the Mabugats
individually.” Id. According to a footnote,
Travelers obtained a “Judgment Lien against the
Mabugats' property in Wasatch County, which is the
subject of the Quiet Title Action.” Id. at 6
n.2. It is that in rem proceeding it seeks to
support through its Motion to Renew Judgment.
a footnote, Travelers contends that an in rem
proceeding survives bankruptcy. No. where else in the Motion
is bankruptcy addressed. Thus, the court has little
information about the bankruptcy proceedings other than
“[b]oth the Mabugats have received a discharge in their
respective Chapter 7 bankruptcy cases in California.”
Registration of Judgment
federal law, “[a] judgment in an action for the
recovery of money or property entered in any . . . district
court . . . may be registered by filing a certified copy of
the judgment in any other district” after the judgment
becomes final. 28 U.S.C. § 1963. “A judgment so
registered shall have the same effect as a judgment of the
district court of the district where registered and may be
enforced in like manner.” Id.
Utah law allows an authenticated foreign judgment to
“be filed with the clerk of any district court in Utah.
The clerk of the district court shall treat the foreign
judgment in all respects as a judgment of a district court of
Utah.” Utah Code Ann. § 78B-5-302(2). Once
properly filed, the foreign judgment “has the same
effect and is subject to the same procedures, defenses,
enforcement, satisfaction, and ...