No. 18-128

Mohamed Abouelmagd v. Debra Newell

Lower Court: California
Docketed: 2018-07-27
Status: Denied
Type: Paid
Tags: business-transaction business-transactions civil-procedure commerce-clause commerce-clause-violation constitutional-challenge due-process equal-protection interstate-commerce midwesco-precedent nonresident-tolling out-of-state-residents personal-jurisdiction procedural-defense statute-of-limitations
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2018-10-05
Question Presented (from Petition)

1) Is the California tolling statute that suspends statutes of limitations protection for out-of-state residents, unconstitutional and violative of Bendix Autolite Corp. v. Midwesco Enterprises, 486 U.S. 888 (1988) as applied to nonresidents who engage in business transactions with California residents by forcing them to forfeit the limitations defense available to California residents?

2) Does California fail to properly apply the Commerce Clause by limiting its application to business entities, and not natural persons?

Question Presented (AI Summary)

Is the California tolling statute that suspends statutes of limitations protection for out-of-state residents unconstitutional and violative of Bendix Autolite Corp. v. Midwesco Enterprises, 486 U.S. 888 (1988) as applied to nonresidents who engage in business transactions with California residents?

Docket Entries

2018-10-09
Petition DENIED.
2018-09-13
Reply of petitioner Mohamed Abouelmagd filed. (Distributed)
2018-09-12
DISTRIBUTED for Conference of 10/5/2018.
2018-08-27
Brief of respondent Debra Newell in opposition filed.
2018-07-17
Petition for a writ of certiorari filed. (Response due August 27, 2018)

Attorneys

Debra Newell
Douglas Scott HonigLaw Offices of Douglas S. Honig, Respondent
Mohamed Abouelmagd
Danielle Katura LittleEstelle & Kennedy APLC, Petitioner