Nicholas Regter v. Stryker Corp.

MEMORANDUM

Plaintiff Nicholas Regter appeals the district court’s decision to grant defendants-appellees’ motion to dismiss his First Amended Complaint (“FAC”). The district court found the complaint’s allegations establish the statute of limitations had expired on Regter’s claims. We have jurisdiction under 28 U.S.C. § 1291 and review the district court’s decision de novo. Johnson v. Lucent Techs. Inc., 658 F.3d 1000 , 1005 (9th Cir.2011).

Under the California law applicable in ■ this diversity case, the statute of limitations “for an injury to an individual caused by the wrongful act or neglect of another” is two years. Fox v. Ethicon Endo-Surgery, Inc., 85 Cal.4th 797 , 27 Cal.Rptr.3d 661 , 110 P.3d 914 , 921 n. 3 (2005); Cal.Civ. Proc.Code § 335.1. The FAC alleged Reg-ter had surgery on his shoulder in January 2007, immediately after which Regter used one of the defendants-appellees’ allegedly defective pain pumps to manage his pain. The FAC also alleged Regter became aware of the shoulder injury at issue in June 20.10 when his doctor diagnosed him with a condition consistent with chondroly-sis. Finally, the FAC alleged Regter pursued medical attention for the cartilage…