Court: California Courts of Appeal
Docket: G058873(Fourth Appellate District)
Opinion Date: June 8, 2021
Areas of Law: Civil Procedure, Personal Injury
Marie Sales appealed after a trial court granted summary judgment on her wrongful death and related state law claims arising from the death of her 19-year-old son, Paul Quintanar. The trial court concluded Sales failed to timely file her complaint in state court after the federal district court entered judgment against her on her federal claims, and withdrew supplemental jurisdiction over her state law claims in an earlier federal complaint she had filed. The trial court was persuaded that the 30-day safe harbor in which to refile state law claims afforded by 28 U.S.C. 1367(d) began to run from the date of the federal district court’s judgment, rather than after Sales’s appeal to the Ninth Circuit. On appeal, the Court of Appeal concluded settled law established that section 1367(d)’s tolling provisions extended “‘through appeal to the courts of appeals afforded as a matter of statutory right.’” Judgment was therefore reversed and the matter remanded for further proceedings.
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