California Appellate Tracker

Oregon State University v. Superior Court

October 7, 2017

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.

Under the U.S. Constitution’s Full Faith and Credit clause, California must give full faith and credit to another state’s laws unless those laws reflect a conflicting and opposing policy. Here, Oregon’s government claims statute reflected the same policy as California’s Tort Claims Act, both requiring a plaintiff to give the defendant governmental agency notice of the claim within six months of injury, as a precondition to suit. Furthermore, to allow suit against Oregon governmental entities under circumstances where California law would bar suit against California public entities would evince an impermissible discriminatory hostility to the foreign state and its laws.

California Court of Appeal, Fourth District, Division 1 (McConnell, P.J.); September 27, 2017; 2017 WL 4274662

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Oregon State University v. Superior Court

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