· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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