Oregon State Univ. v. Superior Court, No. D071752 (D4d1 Sept. 28, 2017)
Plaintiff was injured in California through the alleged negligence of Oregon State University. He sued here, in state court. But he never filed a government code claim with OSU within the time allotted under Oregon state law. Question is, does that doom his suit, as it would were the defendant a California state government entity?
The court here holds that it does, as a matter of full faith and credit. California courts have a constitutional obligation to respect the sovereignty of other states and to apply their laws faithfully. There are exceptions to that rule, like when two states have public policies that are at odds. But since the Oregon code claim process is not significantly different from that in California, there was no reason for the trial Court to decline to apply it here.
Writ granted.
Plaintiff was injured in California through the alleged negligence of Oregon State University. He sued here, in state court. But he never filed a government code claim with OSU within the time allotted under Oregon state law. Question is, does that doom his suit, as it would were the defendant a California state government entity?
The court here holds that it does, as a matter of full faith and credit. California courts have a constitutional obligation to respect the sovereignty of other states and to apply their laws faithfully. There are exceptions to that rule, like when two states have public policies that are at odds. But since the Oregon code claim process is not significantly different from that in California, there was no reason for the trial Court to decline to apply it here.
Writ granted.