Cook v. Harding, No. 16-55968 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's dismissal of an action challenging the constitutionality of California Family Code Section 7962. Section 7962 codified California cases that found gestational surrogacy contracts enforceable. The panel held that this case did not fall within the two limited categories of civil cases that define the scope of Younger abstention. Therefore, the district court erred by abstaining. However, notwithstanding this error, the panel affirmed on issue preclusion grounds the dismissal of the complaint because the California Court of Appeal's decision precluded further litigation of plaintiff's constitutional claims.
Court Description: Civil Rights. The panel affirmed, on issue preclusion grounds, the district court’s dismissal of an action challenging the constitutionality of California Family Code Section 7962, which codified California cases that found gestational surrogacy contracts enforceable. The panel first held that the district court was wrong to abstain from hearing this case under Younger v. Harris, 401 U.S. 37 (1971). The panel held that this case did not fall within the two limited categories of civil cases that define Younger’s scope, as set forth in Sprint Commc’ns., Inc. v. Jacobs, 134 S. Ct. 584, 593-94 (2013). Thus, the panel determined that plaintiff’s then pending state court constitutional challenge to Section 7962 was neither a civil enforcement proceeding, nor was it within the category of cases that involve the State’s interest in enforcing the orders and judgments of its courts. The panel affirmed the district court on the basis that the subsequent state court decision on the merits of plaintiff’s constitutional claims precluded further litigation of the issues in federal court. The panel stated that it was required to give the same preclusive effect to a California Court of Appeal’s judgment involving plaintiff’s claims as California courts would. The panel determined that given the Court of Appeal’s thorough and well-reasoned opinion, which
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