Zecos

MEMORANDUM *

Evangelia Zecos appeals the district court’s grant of summary judgment in favor of Nicholas-Applegate Capital Management. The district court found that Zecos’s claims, predicated upon an alleged oral contract "with Nicholas-Applegate made in 1992, were time-barred by the applicable statutes of limitations when she brought them in August 1999 and that the contract, in any event, was illegal and unenforceable. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm on the basis of the applicable statute of limitations. We therefore need not reach the question of the enforceability of the purported contract.

In this diversity case, the parties agree that California law provides the applicable statutes of limitations. Zecos asserts both breach of contract and fraud-based claims arising from the 1992 oral contract. Assuming such a contract exists, the applicable statutes of limitations — two *32 years for breach of an oral contract, Cal.Code Civ. Pro. § 389, and three years for fraud-based claims, Cal.Code Civ. Pro. § 338(d) — bar all of Zecos’s claims. Kurokawa v. Blum, 199 Cal.App.3d 976, 989 , 245 Cal.Rptr. 463 (1988) (barring contract and fraud claims based on §§…