Sunset Drive Corporation v. City of Redlands

MEMORANDUM

Sunset Drive Corporation (Sunset) appeals the summary judgment in favor of the City of Redlands. Sunset claims the City violated its Fourteenth Amendment rights, the Fair Housing Act (FHA), the California Fair Employment and Housing Act (FEHA), and California Government Code § 65008. The district court concluded that all of Sunset’s claims were barred by the applicable statute of limitations. We affirm.

Both parties agree that the statutes of limitations began to run on Sunset’s claims no later than May 17, 1996, when Sunset filed its state court action. All of Sunset’s claims have a limitations period of three years or less, and this federal action was not filed until 2002. Thus, all of Sunset’s claims are barred.

Tolling under the continuing violations theory is inappropriate because the City has not taken any action regarding Sunset’s application since 1996. See Garcia v. Brockway, 526 F.3d 456, 462 (9th Cir.2008) (distinguishing a continuing violation from the continuing effects of a past violation).

Equitable tolling under California law is inappropriate because Sunset has not demonstrated good faith and reasonable conduct in failing to file its federal action…