Ali v. Cooper, et al.,

Filing 48

ORDER re: Supplemental Briefing Due Tuesday 5/29/18 by 4pm, not to exceed 3 pages. Signed by Judge Edward M. Chen on May 23, 2018. (emclc1, COURT STAFF) (Filed on 5/23/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ISLAH ALI,
Plaintiff,

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VANESSA COOPER, et al.,

Docket No. 45

Defendants.

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United States District Court
Northern District of California

ORDER RE: SUPPLEMENTAL
BRIEFING

v.

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Case No. 17-cv-03658-EMC

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Plaintiff alleges she was married in a Muslim solemnization ceremony in the State of

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Washington. See Second Amended Complaint ¶ 28. California law provides that “[a] marriage

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contracted outside this state that would be valid by laws of the jurisdiction in which the marriage

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was contracted is valid in California.” Cal. Fam. Code § 308. Though Washington law appears to

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require a license before any persons can be married, see RCWA § 26.04.140, Washington courts

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appear to hold that failure to procure a license “does not render a marriage void or even voidable.”

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State v. Denton, 97 Wash.App. 267, 271 (1999); see also RCWA § 26.04.010(1) (“Marriage is a

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civil contract between two persons who have each attained the age of eighteen years, and who are

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otherwise capable.”).
The parties did not address this issue in their briefing and so are ordered to submit

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supplemental briefing not to exceed 3 pages by Tuesday, May 29 at 4:00p.m., addressing the

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question whether Plaintiff plausibly alleges a valid marriage under Washington law and thus a

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valid marriage under California law.

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IT IS SO ORDERED.
Dated: May 23, 2018

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______________________________________
EDWARD M. CHEN
United States District Judge

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United States District Court
Northern District of California

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