Tae-Si Kim v. Adam Kearney

MEMORANDUM

Appellants Tae-Si Kim and Jin-Sung Hong appeal the district court’s grant of summary judgment for Appellees Richard L. Tobler and his law firm Richard L. Tobler, Ltd. in this Nevada common law action for legal malpractice and related claims. We review de novo a district court’s order granting summary judgment and its interpretation of state law. Garcia v. PacifiCare of Cal., Inc., 750 F.3d 1113, 1115 (9th Cir.2014). We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

The district court dismissed Appellants’ claims as untimely under Nevada Revised Statutes § 11.207(1). This statute provides, in relevant part, that “[a]n action against an attorney ... to recover damages for malpractice ... must be commenced within 4 years after the plaintiff sustains damage or within 2 years after the plaintiff discovers or through the use of reasonable diligence should have discovered the material facts which constitute the cause of action, whichever occurs earlier.” As an initial matter, Appellants argue that the district court erred by treating the two limitations periods as disjunctive; that is, they contend that they must demonstrate that they complied with either the…