Does a finding on standing and the statute of limitations in the Killackey Action constitute an alternative to the earlier judgment?

California, United States of America


The following excerpt is from Younessi v. Munoz, B265750 (Cal. App. 2017):

2. The trial court's determinations on standing and the statute of limitations in the Killackey Action were not alternative grounds; each finding was independently necessary to the court's judgment. (See Lucido v. Superior Court (1990) 51 Cal.3d 335, 342 [issue "'necessarily decided'" if not "'entirely unnecessary'" to the earlier judgment].)

Other Questions


Does the statute of limitations applicable to this cause of action, the Government Tort Claims Act, preclude a plaintiff from bringing an action against a governmental entity within the applicable statute of limitation? (California, United States of America)
In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
Is a public agency subject to estoppel from the assertion of either the time limits for filing tort claims or the statute of limitations on cause of action? (California, United States of America)
Does the statute of limitation in a personal injury action against an attorney extend beyond the date of action against the attorney? (California, United States of America)
What is the test for standing in a civil action against a statute that violates a citizen's constitutional rights? (California, United States of America)
Does section 360.5 of the California Statute of limitations bar a plaintiff from bringing a claim against the statute of limitations? (California, United States of America)
Does the statute of limitations apply to a cause of action based on federal law or constitutional principles? (California, United States of America)
When can a plaintiff recover a judgment within the jurisdictional limit for a limited civil or small claims action? (California, United States of America)
What is the statute of limitations on standing in a personal injury action? (California, United States of America)
Is a later, more specific statute controlling over an earlier statute, even though the later statute would by its terms cover the present situation? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.