Tene

MEMORANDUM *

Teddy Tene (“Tene”) appeals the District Court’s grant of judgment on the pleadings in favor of defendants the City and County of San Francisco, San Francisco Police Department, San Francisco Sheriffs Department, and Linda Connelly & Associates. The District Court held that Tene’s 42 U.S.C. § 1983 claim for alleged Fourteenth Amendment due process violations was time-barred by California’s one-year statute of limitations. Tene contends that the district court erred because the statute of limitations should have been equitably tolled by his timely filed administrative claims against the City and County of San Francisco. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand.

Federal courts borrow the statute of limitations for § 1983 actions from the state in which the court having jurisdiction is located. See Wilson v. Garcia, 471 U.S. 261, 267 , 105 S.Ct. 1938 , 85 L.Ed.2d 254 (1985). In California, we apply the one-year statute of limitations for personal injury actions to § 1983 claims. Cervantes v. City of San Diego, 5 F.3d 1273, 1275 (9th Cir.1993). We also utilize state equitable tolling rules when applicable. See *34 Hardin v. Straub, 490…