The following summaries are of recent published decisions of the California appellate courts, the Ninth Circuit, and the United States Supreme Court. The summaries are presented without regard to whether Severson & Werson represented a party in the case.
Despite CCP 1710.40'sopen-ended list of potential defenses to a sister state judgment, under the Full Faith and Credit Clause, the statute does not and cannot create an opportunity to raise defenses to the merits of the underlying claims resolved in the sister state judgment. Thus, defenses based on a contract's arbitration, forum selection and choice of law clause could not… Read More
As a Juul employee, Grove obtained stock options which he exercised to buy shares of Juul stock. Grove sued Juul in California asserting a claim for the right to inspect Juul's books and records and also class and derivative claims against Juul's officers and directors. The California court first stayed the inspection claim based on the forum selection clause in… Read More
Since Oregon’s government claims statute reflected the same general policy as California’s Tort Claims Act by requiring plaintiffs to give pre-suit notice of injury within six months, California courts are required by the Full Faith and Credit Clause to apply the Oregon statute. Read More
