Erlinda Dominguez v. Roy Chang

Good Law
473 F. App'x 677
United States Court of Appeals for the Ninth CircuitMay 23, 201211-15099California378 words

Opinion

Opinion

MEMORANDUM

Erlinda Dominguez, an attorney, appeals pro se from the district court’s judgment dismissing her diversity action alleging legal malpractice against her former attorneys. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Cholla Ready Mix, Inc. v. Civish, 382 F.3d 969, 973 (9th Cir.2004). We affirm.

The district court properly dismissed Counts I through III, and the part of Count IV that was premised on pre-judgment conduct, as time-barred because Dominguez filed this action more than six years after she knew or should have known of defendants’ purported negligence. See Blair v. Ing, 95 Hawai’i 247, 21 P.3d 452 , 469 & n. 12, 472 (2001) (under Hawaii law, a six-year statute of limitations applies to legal malpractice claims, and the statute begins to run when the plaintiff knew or should have known of the defendant’s negligence); see also Carvalho v. Raybestos-Manhattan, Inc., 794 F.2d 454, 456 (9th Cir.1986) (“A cause of action accrues under Hawaii law when the plaintiff knows, or through the exercise of reasonable diligence should know, of his injury, the defendant’s negligence (or violation of a duty), and the causal connection between the…

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