In what circumstances will the state restrict access to the courts?

California, United States of America


The following excerpt is from Jenkins v. County of Los Angeles, 74 Cal.App.4th 524, 88 Cal.Rptr.2d 149 (Cal. App. 1999):

In Hung v. Wang (1992) 8 Cal.App.4th 908, 11 Cal.Rptr.2d 113, we considered the power of the state to limit access to the courts: "It is well established, however, that state legislative bodies retain the authority to determine what is and what is not an actionable tort, and to decide the conditions under which suits for these alleged wrongs will be entertained--so long as the statutes they enact are rationally based and do not draw constitutionally prohibited distinctions." (Id. at p. 921, 11 Cal.Rptr.2d 113.)

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