- 34 - extinguish the right altogether. C. Respondent’s Failure To Carry the Burden of Proof The Government did not demonstrate that the transfer occurred within 4 years of the date of the notice of transferee liability against petitioner. Majority op. p. 18. Therefore, I conclude that the Government has not sustained its burden of proving that petitioner was liable as a transferee under California law. IV. The Summerlin Issue A. Quod Nullum Tempus Occurrit Regi The majority rests its holding on the ancient rule of quod nullum tempus occurrit regi--"that the sovereign is exempt from the consequences of its laches, and from the operation of statutes of limitations". See Guaranty Trust Co. v. United States, 304 U.S. 126, 132 (1938). The majority explains that the Supreme Court has already addressed the distinction between statutes of limitations and "non-claim" statutes in United States v. Summerlin, 310 U.S. 414 (1940). The majority applies Summerlin here to dispose of the case on the theory that section 3439.09 amounts to a nonclaim statute, and that is the equivalent of a statute of limitations. The Supreme Court in Summerlin held that "if the statute * * * undertakes to invalidate the claim of the United States, so that it cannot be enforced at all, because not filed within * * * [the statutory period], we think the statute in that sense transgressed the limits of state power." Id. at 417.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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