Skip to main content
· 8/22/1974

Elkins v. Derby

Citations

  • 525 P.2d 81
  • 12 Cal. 3d 410
  • 115 Cal. Rptr. 641
  • 71 A.L.R. 3d 839
  • 39 Cal. Comp. Cases 624
  • 1974 Cal. LEXIS 235

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • explaining that the fundamental purpose of the statute of limitations is to ensure timely notice to an adverse party
  • recognizing “heavy burden” duplicative procedures places on the “heavily burdened superior courts,” and on claimants to allege contradictory pleas
  • footnote omitted and quoting Order of R.R. Telegraphers v. Ry. Express Agency, Inc., 321 U.S. 342, 348-49, 64 S.Ct. 582, 88 L.Ed. 788 (1944)
  • plaintiff pursued workers compensation action; Board determined plaintiff was not entitled to benefits; plaintiff then brought tort action
  • plaintiff pursued workers compensation action; Board determined plaintiff was not entitled to benefits; plaintiff then brought tort action
  • “[T]he applicable statute of limitations must be tolled while a prisoner 8 completes the mandatory exhaustion process.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Tobriner, Wright, McComb, Mosk, Burke, Sullivan, Clark

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.