Sweden v. Soliman (2025)

Case details
Full caption
Kingdom of Sweden v. Samantha Ashhadi Soliman
Country
United States
Jurisdiction
California (CA)
Court
California Supreme Court
Decided
2025
Disposition
Affirmed
Majority
Cody (J.) (unanimous Court)
KINGDOM OF SWEDEN, Plaintiff and Respondent, v...., Not Reported in... © 2025 Thomson Reuters. No claim to original U.S. Government Works.12025 WL 3442560Not Officially Published(Cal. Rules of Court, Rules 8.1105 and 8.1110, 8.1115)Only the Westlaw citation is currently available.California Rules of Court, rule 8.1115, restrictscitation of unpublished opinions in California courts.NOT TO BE PUBLISHED INTHE OFFICIAL REPORTSCourt of Appeal, Second District, California.DIVISION SIX.KINGDOM OF SWEDEN, Plaintiff and Respondent,v.SAMANTHA ASHHADISOLIMAN, Defendant and Appellant.2d Civ. No. B339545|Filed 12/1/2025Editor's Note: This decision contains discussion of citationreferences that are incorrect or do not actually exist. Theseinvalid citations appeared in the original court opinion andhave been preserved as written since they are part of theofficial record. Any links to these invalid citations have beenremoved.(Super. Ct. No. 56-2022-00567870-CU-CL-VTA) (VenturaCounty)OpinionCODY, J.*1 This appeal arises from a cause of action for breachof contract due to failure to pay student loans. AppellantSamantha Ashhadi Soliman appeals the trial court's ordergranting respondent Kingdom of Sweden's Motion forsummary judgment and entering judgment against appellantin the U.S. dollar equivalent of 885,005 Swedish Crowns. Wewill affirm.FACTUAL AND PROCEDURAL BACKGROUNDThe Swedish Board of Student Finance (CSN) isa governmental agency of Sweden handling Sweden'sgovernment-sponsored student loans. The funds CSN usesfor student loans come from Sweden's National Debt Office,and the student loans repaid by borrowers is sent by CSN toSweden's National Debt Office. When student loans are notrepaid, Sweden sustains the loss, not CSN.Beginning in December 1998, appellant submitted written“Applications for Study Aid” and documents titled “DebtObligation/Affirmation,” to CSN promising to repayall student loans according to current repayment rulespromulgated by CSN. In response, CSN submitted documentsto appellant titled “Decision”, in which CSN accepted herapplications.CSN made several loan disbursements to appellant in theaggregate amount of 589,303 Swedish Crowns. Appellantmade no repayments on her student loans.Sweden filed a First Amended Complaint (FAC) allegingbreach of contract and damages in the amount of 885,005Swedish Crowns, the U.S. dollar equivalent of $87,278.59.Sweden moved for summary judgment (MSJ) contending ithad standing to pursue the action and there were no triableissues of material fact. Appellant filed an opposition toSweden's MSJ, challenging Sweden's standing, contendingthere were triable issues of material fact, and asserting theclaim was barred by the statute of limitations.After argument, the court entered a detailed 14-page minuteorder granting Sweden's MSJ and entering judgment inSweden's favor and against appellant. The trial court foundthere were no triable issues of fact as to Sweden's standingor the elements of Sweden's cause of action for breach ofcontract, and appellant had failed to demonstrate a triableissue of fact as to her affirmative defenses based on the statuteof limitations, whether under Swedish or California law.The trial court entered Judgment in favor of Sweden andagainst appellant for the sum of $84,057.95, the U.S. dollarequivalent of 885,005 Swedish Crowns as of June 14, 2024,and for post-judgment interest on the forgoing sum at the legalrate.DISCUSSIONAppellant's Briefs Violate Rules of Appellate Procedure
KINGDOM OF SWEDEN, Plaintiff and Respondent, v...., Not Reported in... © 2025 Thomson Reuters. No claim to original U.S. Government Works.2“Failure to comply with time-honored rules of appellateprocedure may result in forfeiture of the issues on appeal.”(L.O. v. Kilrain (2023) 96 Cal.App.5th 616, 618.) Appellant'sopening brief violates several rules of appellate procedure.Many of the cases she cites do not support the propositionsfor which they are cited, and do not address the issues shecites them for. For example, she cites Southern Cal. Gas Co.v. Public Utilities Com. (1990) 50 Cal.3d 31, 55 saying itheld “that courts must evaluate standing based on objectiveevidence, not conclusory statements.” Yet that case does notdiscuss standing at all. As support for her contention that “Acourt cannot presume standing or allow a party to establishstanding solely through its own conclusory declarations” shecites Patterson v. Superior Court (2021) 70 Cal.App.5th 473disapproved of by Ramirez v. Charter Communications, Inc.(2024) 16 Cal.5th 478, a case that does not mention standing.She also does not inform us that Patterson was disapprovedby Ramirez.*2 Appellant includes alleged quotes from cases that do notcontain the quoted language. For example, she misrepresentsthat Apartment Assn. of Los Angeles County, Inc. v. City ofLos Angeles (2006) 136 Cal.App.4th 119 contains the quote“Standing is a jurisdictional issue that must be addressedbefore the merits of a case may be reached.” She falselyrepresents that Angelucci v. Century Supper Club (2007) 41Cal.4th 160, contains the quote “A plaintiff must have a real,present interest in the outcome not just a theoretical orgovernmental interest in enforcing its laws.”She also incorrectly cites statutes, for example claimingCode of Civil Procedure section 437c, subdivision (f)(2)bars a court from “granting summary judgment while acounter-motion is still pending and involves unresolvedmaterial factual disputes.”1 Her reply brief is similarlyflawed. For example, she cites nonexistent Code of CivilProcedure section 2330 stating it requires that “an agencyrelationship must be established through admissible evidenceof actual authority, such as an express assignment or writtendelegation.”“Simply stated, no brief, pleading, motion, or any otherpaper filed in any court should contain any citations—whether provided by generative AI or any other source—that the attorney responsible for submitting the pleading hasnot personally read and verified.” (Noland v. Land of theFree, L.P. (2025) 114 Cal.App.5th 426, 431, italics omitted.)Appellant's status as a pro per litigant does not entitle her tospecial consideration. (Nwosu v. Uba (2004) 122 Cal.App.4th1229, 1246-1247.) A party acting as their own attorneyis “entitled to the same, but no greater consideration thanother litigants and attorneys.” (Barton v. New United MotorManufacturing, Inc. (1996) 43 Cal.App.4th 1200, 1210.)Appellant's “extensive reliance on nonexistent legal authoritywould justify striking [her] opening brief or dismissing theappeal. (Noland at p. 426.) However, “[o]nce the recordhas been reviewed thoroughly, little appears to be gainedby dismissing the appeal rather than deciding it on itsmerits.” (People v. Wende (1979) 25 Cal.3d 436, 443.) Weconclude this appeal is without merit.The Trial Court Properly Granted Sweden's MSJWe “determine de novo whether an issue of material factexists and whether the moving party was entitled to summaryjudgment as a matter of law.” (Jones v. Awad (2019) 39Cal.App.5th 1200, 1206.) Applying “the same three-stepanalysis as the trial court [we] (1) identify the issues framedby the pleadings, (2) determine whether the moving partyhas established facts justifying judgment in its favor, and (3)determine whether the nonmoving party has demonstrated atriable issue of material fact.” (Id. at pp. 1206-1207.) We ‘view the evidence in a light favorable to ... the losing party.’ (Id. at p. 1207.)*3 Sweden's FAC contains a single cause of action forbreach of contract based on allegations appellant breached herstudent loan contract by failing to repay her student loans.Sweden's MSJ asserts entitlement to summary judgment onthe grounds it had standing to assert the claim and there wereno triable issues of material fact as to any elements of theclaim.Sweden's Separate Statement of Undisputed Material Factsestablishes facts justifying judgment in its favor. Swedenestablished standing by citing supporting evidence for thepropositions that (1) CSN is an agency of the Swedishgovernment and handles all matters related to student loanson behalf of Sweden, (2) the funds used to make student loanscome from Sweden and the money repaid by students on theloans is sent by CSN to Sweden, and (3) when student loansare not repaid and result in a loss, the loss is sustained bySweden, not CSN. These facts establish CSN enters studentloan contracts as an agent on behalf of Sweden, only Swedenissues funds for student loans, and only Sweden suffers a losswhen student loans are not repaid. (Civil Code § 2330; WoodBldg. Corp. v. Griffitts (1958) 164 Cal.App.2d 559, 565.)
KINGDOM OF SWEDEN, Plaintiff and Respondent, v...., Not Reported in... © 2025 Thomson Reuters. No claim to original U.S. Government Works.3Sweden satisfied its initial burden of demonstrating no triableissue of material fact as to any elements of its breach ofcontract claim by setting forth material facts in its SeparateStatement and citing evidence supporting (1) the existenceof a contract, (2) Sweden's performance of the contract,(3) appellant's breach, and (4) Sweden's resulting damages.(Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811,821.)In contrast, appellant failed to demonstrate any triable issuesof material fact related to Sweden's standing or its breach ofcontract claim. Instead of stating facts or citing admissibleevidence to demonstrate a triable issue of material fact, sherelied on her own allegations and denials and a hearsayreport from CSN. (Code Civ. Proc., § 437c, subd. (p)(1) [adefendant “shall not rely upon the allegations or denials of itspleadings to show that a triable issue of material fact existsbut, instead, shall set forth the specific facts showing thata triable issue of material fact exists”].)2 As an example,appellant's declaration opposing the motion for summaryjudgment stated respondent lacked standing “to sue on behalfof CSN. CSN operates independently and is not merelyan extension of the Swedish government's functions. CSNhas its own staff, procedures, rules, laws and regulations itfollows, independent with its own mandate and organizationalstructure. This is supported by recent case law ....” Thetrial court properly sustained respondent's objection to thisconclusory statement of opinion. The trial court also correctlynoted even if this were true it did not establish any facts tosupport appellant's contention that CSN could not be actingas respondent's agent.The Trial Court's Choice-of-Law Analysis Was Proper*4 Appellant contends the trial court improperly appliedSweden's statute of limitations without conducting anindependent interest-balancing test. We disagree.When a choice of law question is raised in California, thetrial court first ‘determines whether the relevant law ofeach of the potentially affected jurisdictions ... is the same ordifferent. Second, if there is a difference, the court examineseach jurisdiction's interest in the application of its own lawunder the circumstances of the particular case to determinewhether a true conflict exists. Third, if the court finds ... a trueconflict, it carefully evaluates and compares the nature andstrength of the interest of each jurisdiction in the applicationof its own law “to determine which state's interest would bemore impaired if its policy were subordinated to the policy ofthe other state” [citation], and then ultimately applies “the lawof the state whose interest would be more impaired if its lawwere not applied.’ ”” (McCann v. Foster Wheeler LLC (2010)48 Cal.4th 68, 87-88.)First, the trial court found Sweden's 25-year statute oflimitations very different from California's four-year statuteof limitations.3Second, it examined each jurisdiction's interest in theapplication of its own laws. It considered persuasive analysisfrom an unpublished, but factually similar District Courtopinion, Kingdom of Sweden v. Nowacki (S.D. Cal., Aug.28, 2015, No. 14-CV-1259-H-NLS) [2015 U.S. Dist. Lexis120740]. Appellant takes issue with the court relying uponthe analysis of the same issue in an unpublished DistrictCourt case. Nowacki is citable as persuasive (not precedential)authority, notwithstanding California Rules of Court, rule977, which only bars citation of unpublished Californiaopinions. (City of Hawthorne ex rel. Wohlner v. H&CDisposal Co. (2003) 109 Cal.App.4th 1668, 1678, fn. 5; Cal.Style Manual (4th ed. 2000) § 1:34 pp. 35-36.) Moreover, thecourt did not cite the case as binding authority but merelyagreed with its analysis of the same issue and adopted thatanalysis as its own.Third, the court evaluated which jurisdiction's interest wouldbe more impaired by application of the other jurisdiction'slaws. It found Sweden's interest in applying its 25-yearstatute of limitations to student loan collection actionswas stronger and more specific than California's generalinterest in protecting residents against stale claims. ManySwedish student loan borrowers who move abroad seekto avoid paying their loans and Sweden's long statuteof limitations affords enough time to locate and contactdelinquent borrowers residing abroad, work with them tocome up with repayment plans, and when necessary, pursueclaims against them. On this basis, the court correctly foundSweden's interest would be more impaired if its policy weresubordinated by California's and properly applied Sweden'sstatute of limitations.*5 We have considered appellant's remaining claims andconclude each is lacking relevant or accurate legal authority,cogent legal argument, and is without merit.
KINGDOM OF SWEDEN, Plaintiff and Respondent, v...., Not Reported in... © 2025 Thomson Reuters. No claim to original U.S. Government Works.4DISPOSITIONJudgment is affirmed. Respondent shall recover their costs onappeal.NOT TO BE PUBLISHED.We concur:YEGAN, Acting P. J. BALTODANO, J.Rebecca Riley, JudgeSuperior Court County of VenturaSamantha Ashhadi Soliman, in pro per, for Defendant andAppellant.Law Offices of Ernest Mooney, W. Earnest Mooney, forPlaintiff and Respondent.All CitationsNot Reported in Cal.Rptr., 2025 WL 3442560Footnotes1Code of Civil Procedure section 437c, subdivision (f)(2) states: “A motion for summary adjudication may bemade by itself or as an alternative to a motion for summary judgment and shall proceed in all proceduralrespects as a motion for summary judgment. A party shall not move for summary judgment based on issuesasserted in a prior motion for summary adjudication and denied by the court unless that party establishes,to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting theissues reasserted in the summary judgment motion.”2To support her claim Sweden lacks standing, appellant filed a request for judicial notice of two letterspurportedly written by the Swedish Ministry of Education and Research (Exhibits (A) and (B)). We agreewith the points raised in Sweden's opposition that the letters are not properly subject to judicial notice underEvidence Code section 452, subdivisions (c), (f), (h), Evidence Code section 459, subdivision (a), and rule8.252 of the California Rules of Court. Accordingly, we deny appellant's request for judicial notice of Exhibits(A) and (B). In any event, nothing in these exhibits indicates Sweden lacks the power to institute legal actionson behalf of its agencies, even where those legal actions are brought in foreign nations.3To support Sweden's position its claim is not barred by its statute of limitations, Sweden filed a request forjudicial notice in the trial court on September 14, 2022, which was granted in part on June 24, 2024. On May9, 2025, Sweden requested this court judicially notice three of the statutory, regulatory, and decisional lawsjudicially noticed by the trial court. We conclude the foreign law/authorities are judicially noticeable pursuantto Evidence Code, section 452, subdivision (f) and we grant this unopposed request.End of Document© 2025 Thomson Reuters. No claim to original U.S. Government Works.
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