Tagged: Los Angeles v. Kern

The Tolling Effect of the Federal Supplemental-Jurisdiction Statute

The Tolling Effect of the Federal Supplemental-Jurisdiction Statute

In Brief On July 7, 2014, the California Supreme Court issued a unanimous opinion in City of Los Angeles v. County of Kern, holding the federal supplemental-jurisdiction statute to provide only a “grace period” of thirty days to refile a supplemental claim in state court after dismissal by a federal court. Under this holding, if a plaintiff refiles the claim in state court more than thirty days after a federal dismissal, the plaintiff could be barred by the state statute of limitations. Background Although federal courts are courts of limited jurisdiction, they may hear state claims under circumstances allowed by the...

Case Background – City of Los Angeles v. County of Kern

Case Background – City of Los Angeles v. County of Kern

Post Opinion Analysis — Written by Scott Dodson May 6-7, 2014 – Oral arguments held July 7, 2014 – Supreme Court released its opinion City of Los Angeles v. County of Kern – S210150 Issue Does 28 U.S.C. section 1367(d) require a party to refile its state law claims within 30 days of their dismissal from a federal action in which they had been presented, or does it instead suspend the running of the limitations period during the pendency of the claims in federal court and for 30 days after their dismissal? Procedural History Opinion Below: 214 Cal.App.4th 394; Tulare County Superior Court;...