Or. State Univ. v. Superior Court of San Diego Cnty.

I

INTRODUCTION

Oregon State University (Oregon State) petitions for a peremptory writ of mandate directing the superior court to vacate an order overruling Oregon State's demurrer to George A. Sutherland's first amended complaint (complaint) and to enter a new order sustaining the demurrer without leave to amend. Oregon State contends the challenged order violates the federal Constitution's full faith and credit clause (Clause) ( U.S. Const., art IV, § 1 ) because the complaint does not and cannot allege Sutherland's compliance with the Oregon Tort Claims Act's 180-day claims notice provision. ( Or. Rev. Stat. Ann. § 30.275 , subds. (1), (2)(b).) 1 Sutherland counters the Clause does not require his compliance with the provision because requiring compliance would violate California's public policy by effectively depriving him of a remedy against Oregon State.

We agree the superior court should have sustained Oregon State's demurrer without leave to amend because the Oregon Tort Claims Act's claims notice provision is entitled to full faith and credit in California. Contrary to Sutherland's assertions, the provision does not conflict with or violate California's public policy…