Ninth Circuit Enforces Japanese Judgment against Church under California Uniform-Foreign-Country Money Judgments Recognition Act
Mendoza Robledo, Adriana, Suffolk Transnational Law Review
Ohno v. Yasuma, 723 F.3d 984 (2013).
The California Uniform Foreign-Country Money Judgments Recognition Act (the Uniform Act) allows a California court to recognize and enforce a foreign judgment. (1) The Uniform Act provides courts with nine discretionary grounds for non-recognition of foreign judgments. (2) In Ohno v. Yasuma, (3) the United States Court of Appeals for the Ninth Circuit addressed whether the enforcement of an international judgment against a church constituted state action in violation of the Free Exercise Clause of the U.S. Constitution and the California Constitution. (4) The court also addressed whether enforcement of the judgment is repugnant to public policy and therefore not covered by the Uniform Act. (5) The court held that enforcement of an international award did not constitute state action, triggering constitutional analysis, and that enforcement of the award is not against public policy. (6)
Ohno, a citizen of Japan, became a member of the Saints of Glory Church in that country in 1994. (7) She predominately practiced at the Tokyo branch, where worshipers listened to sermons given in California by the principal pastor, Yasuma. (8) Saints of Glory members were required to contribute one-tenth of their incomes to demonstrate obedience. (9) After Ohno lost her job, Yasuma convinced her to live in a Church-affiliated residence in Tokyo with other church members. (10) During that time, Ohno discontinued use of her prescribed anti-depressants and tranquilizers because Yasuma discouraged the use of medications. (11) During this time, damage to Ohno's nervous system caused her depression and general ataxia to worsen; as a result, Ohno delved deeper into the Church and its ideology. (12)
Beginning in 2001, Yasuma encouraged Ohno to make large money transfers to both himself and another Church minister. (13) In January of 2002, Yasuma began spending several hours talking with Ohno and pressuring her to tithe more of her income. (14) Within two months of these conversations, Ohno had transferred the majority of her assets totaling JPY68,678,424 to the Church. (15) Approximately one year after these transfers, the Church ordered Ohno to leave claiming she was not obedient to Jesus Christ. (16) A few years after Ohno left the Church, she resumed taking her medications and came to the realization that the Church had taken advantage of her illness and her fear of not obeying Jesus Christ. (17)
Ohno filed a complaint in Japan in 2007 against Yasuma and two other Church members under tort and unjust enrichment claims. (18) The focus of her claims was on the donation of approximately USD500,000 to Saints of Glory Church under the stress generated by Yasuma's threatening conversations with Ohno. (19) After two years of litigation in Japan, the Tokyo District Court held that Yasuma and Saints of Glory had illegally induced Ohno to make substantial payments during a time when she was not psychologically stable. (20) The Tokyo District Court awarded Ohno USD843,235.66, which included the large transfers made to Saints of Glory in 2002 as well as damages for pain and suffering. (21) Furthermore, Ohno brought an international diversity action in the United States District Court for the Central District of California for the enforcement of the Japanese judgment against Yasuma and Saints of Glory under the Uniform Act. (22) The district court enforced the judgment against Yasuma and Saints of Glory under the Uniform Act and held that the Japanese Judgment was not repugnant to public policy or the Free Exercise Clause. (23)
Constitutional rights are protected from government intrusion, which requires the existence of a state action when assessing whether a state has deprived a citizen of a federal right. (24) In Lugar v. Edmondson Oil Co., (25) the Supreme Court set out a two-prong test to determine whether judicial action satisfies the state action requirement triggering constitutional scrutiny. …