Camille Zamorano v. City of San Jacinto

MEMORANDUM

Plaintiffs Camille and Joe Alex Zamora-no appeal from the district court’s order dismissing their complaint, under Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. The district court dismissed Plaintiffs’ federal claims, brought under 42 U.S.C. §§ 1981 , 1983, 1985, and 1986, as time-barred, and remanded their remaining claims to state court. We affirm.

1. We review de novo “the district court’s dismissal of the complaint for failure to state a claim and the legal issues it presents,” including whether the statute of limitations has expired. Seven Arts Filmed Entm’t Ltd. v. Content Media Corp. PLC, 733 F.3d 1251, 1253-54 (9th Cir.2013). A civil rights “claim accrues under federal law when the plaintiff knows or has reason to know of the actual injury.” Lukovsky v. City of San Francisco, 535 F.3d 1044, 1051 (9th Cir.2008). The “actual injury” is the alleged harm underlying the complaint, not the “legal wrong” of discrimination that makes the injury actionable. Id. at 1048 . Contrary to Plaintiffs’ contention that Lu-kovsky applies only in the employment context, thé “actual injury” rule applies equally to all cases brought under 42 U.S.C. §§ 1981…