California Supreme Court Watch

#24-64 Doe v. Marysville Joint Unified School District, S283639. (C095446; 98 Cal.App.5th 95; Yuba County Superior Court; CVPO2100697.) Petition for review after the Court of Appeal affirmed the judgment in a civil action. This case presents the following issues: (1) Did the plaintiffs’ second voluntary dismissal of their federal court action preclude a subsequent state court action based on the same claims? (2) Did the defendant’s assertion of sovereign immunity over plaintiffs’ state law claims in federal court divest that court of subject matter jurisdiction over those claims?

Petition for review granted: 4/10/2024

Case fully briefed: 10/14/2024

Supplemental brief filed: 3/27/2026

Cause argued and submitted: 4/06/2026

Opinion filed: Judgment reversed: 7/02/2026

See the Court of Appeal Opinion.

See the Petition for Review.

See the Oral Argument.

See the California Supreme Court Opinion.  (Doe v. Marysville Joint Unified School District (2026) __ Cal.5th __.)

“We hold that a second voluntary dismissal subject to the two-dismissal rule of rule 41(a)(1)(B) does not preclude a subsequent suit on the same state law claims in state court.  Accordingly, we reverse the judgment of the Court of Appeal and remand for further proceedings consistent with this opinion.”

Justice Evans authored the opinion of the Court, in which Chief Justice Guerrero and Justices Corrigan, Liu, Kruger, Groban, and Baker* concurred.