Yi Tai Shao v. McManis Faulkner, LLP

Good Law
670 F. App'x 575
United States Court of Appeals for the Ninth CircuitNovember 7, 201614-17063California281 words

Opinion

Opinion

MEMORANDUM

Yi Tai Shao, AKA Linda Yi Tai Shao, appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1981 action alleging discrimination and state law claims in connection with a retainer agreement between Shao and defendants. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal on the basis of the statute of limitations. Lukovsky v. City & County of San Francisco, 535 F.3d 1044, 1047 (9th Cir. 2008). We affirm.

The district court properly dismissed Shao’s § 1981 discrimination claim as time-barred because Shao failed to file her action within the applicable statute of limitations. See Cal. Civ. Proc. Code § 335.1 (two-year statute of limitations for personal injury actions); Lukovsky, 535 F.3d at 1048 & n.2 (recognizing that actions cognizable under the pre-1990 version of § 1981 remain subject to forum state’s limitations period for personal injury torts).

The district court did not abuse its discretion by denying Shao’s motion to disqualify the district court judge and the entire Northern District of California. See United States v. Johnson, 610 F.3d 1138, 1147-48 (9th Cir. 2010) (setting forth standard of…

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