Oral Argument Scheduling
The Court has announced that it will hear oral arguments in six cases on Tuesday, December 2, in Los Angeles. Check out our Oral Arguments page for more information.
SCOCAblog by the California Constitution Center and the Hastings Law Journal
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 – Sanchez v. Valencia Holding Co.
Sanchez v. Valencia Holding Co. – S214430 Issue Does the Federal Arbitration Act (9 U.S.C. § 2), as interpreted in AT&T Mobility LLC v. Concepcion (2011) 563 U.S. __ [131 S. Ct. 1740, 179 L.Ed.2d 742], preempt state law rules invalidating mandatory arbitration provisions in a consumer contract as procedurally and substantively unconscionable? Procedural History Opinion Below: 201 Cal.App.4th 74; Los Angeles County Superior Court; BC433634 Petition for review after the Court of Appeal affirmed an order denying a petition to compel arbitration.
Case Background – Rashidi v. Moser, M.D.
October 7, 2014 – Oral arguments scheduled Rashidi v. Moser, M.D. – S214430 Issue If a jury awards the plaintiff in a medical malpractice action non-economic damages against a healthcare provider defendant, does Civil Code section 3333.2 entitle that defendant to a setoff based on the amount of a pretrial settlement entered into by another healthcare provider that is attributable to non-economic losses or does the statutory rule that liability for non-economic damages is several only (not joint and several) bar such a setoff? Procedural History Opinion Below: 219 Cal.App.4th 1170; Los Angeles County Superior Court; BC392082 Petition for review after the Court of...
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;...
