Oregon State University v. Superior Court

Oregon State University (Oregon State) petitioned for a peremptory writ of mandate to direct the superior court to vacate an order overruling Oregon State's demurrer to George Sutherland's first amended complaint and to enter a new order sustaining the demurrer without leave to amend. Sutherland's complaint asserted causes of action for negligence and negligent misrepresentation against Oregon State. Sutherland was severely injured when a crane he was operating tipped over. At the time, he was using the crane to load a stack container owned by Oregon State onto a vessel owned by his employer, the Scripps Institution of Oceanography, a department of the University of California, San Diego. The stack container's weight was not displayed on its exterior and was not accurately recorded on the bill of lading provided by Oregon State. Oregon State contended the challenged order violated the federal Constitution's full faith and credit clause because the complaint did not and could not allege Sutherland's compliance with the Oregon Tort Claims Act's 180-day claims notice provision. Sutherland maintained the Clause did not require his compliance with the provision because requiring compliance would violate California's public policy by effectively depriving him of a remedy against Oregon State. Alternatively, Sutherland argued if the Clause does require compliance with the provision, he could amend the complaint to plead facts showing compliance. The California Court of Appeal agreed the superior court should have sustained Oregon State's demurrer because the Oregon Tort Claims Act's claims notice provision was entitled to full faith and credit in California. The provision does not conflict with or violate California's public policy and declining to give the provision full faith and credit would evince an impermissible policy of discriminatory hostility to the provision. Sutherland demonstrated he could plead facts showing compliance with the provision, so the Court granted the petition in part and directed the superior court to vacate its order overruling Oregon State's demurrer and enter a new order sustaining the demurrer with leave to amend. View "Oregon State University v. Superior Court" on Justia Law