Mohamed Abouelmagd v. Debra Newell
DueProcess Securities JusticiabilityDoctri
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?
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?