Wheeler

MEMORANDUM *

The first five causes of action against Jedlicka and B.E.A. Trading are barred by the statute of limitations contained in 11 U.S .C. § 546(a). The previous trustee failed to obtain counsel until fourteen months after her appointment and did not contact Jedlicka until 1996 even though she knew he was an officer of U.S. Investors. She delayed filing suit against Dispoto when discovery in that action could have led to information relevant to the present action. These undisputed facts were sufficient to permit the bankruptcy court to conclude that equitable tolling was unavailable as a matter of law. See Ernst & Young v. Matsumoto (In re United Ins. Mgmt., Inc.), 14 F.3d 1380, 1385-86 (9th Cir.1994) (concluding that equitable tolling was unavailable as a matter of law even though plaintiff-trustee had filed a state action, conducted an oral examination, and requested books and records).

Wheeler did not allege and the record does not demonstrate that B.E.A. Trading or Jedlicka made false representations to U.S. Investors. Thus, as a fraud claim, Wheeler’s seventh cause of action fails under California law. See Moore v. Brewster, 96 F.3d 1240, 1245 (9th Cir.1996) (stating…