If only one party is in the protected class, the case presents a “false conflict,” and the court applies the state law designed to protect that party. In evaluating states’ interests in having their law applied, California courts focus on whom the two laws at issue were designed to protect. See discussion in Washington Mutual Bank, FA v. If the trial court determines the laws are different and that each state has a legitimate interest in having its law applied, the court chooses the state whose interests would be more impaired if not applied.If these sources do not reveal the state’s interests, parties routinely argue “perceived” interests of a state’s law. In arguing states’ interests, parties often cite stated interests in case law, statutes, legislative comments and legislative history.
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