Camp

MEMORANDUM OF DECISION

This is an action for wrongful death and personal injuries arising out of an accident on August 22,1980 in Oklahoma. Plaintiffs are citizens of California. Defendant Forwarders Transport is a New Jersey corporation with its principal place of business in New Jersey. Defendant Forwarders has asserted a Cross-claim for equitable indem nity against plaintiff Maureen Camp (who was driving plaintiffs’ car at the time of the accident). Plaintiff Maureen Camp has asserted a Counter-claim against defendant Forwarders for property damage occasioned to the Camp vehicle. The Court has signed the pre-trial conference order, and the trial of this action has been set for August 10, 1982. The issue presented is whether the law of California, New Jersey, or Oklahoma should apply to the present case.

1. Choice of Law Rules

There is no doubt that when subject matter jurisdiction is based upon diversity of citizenship, this Court must apply the choice of law rules of the State of California. Strassberg v. New England Mutual Life Insurance Co., 575 F.2d 1262 (9th Cir. 1978); Klaxon v. Stentor Electric Manufacturing Co., 313 U.S. 487 , 61 S.Ct. 1020 , 85 L.Ed. 1477…