Stonelight Tile Inc. v. Bay Area Air Quality Management District

MEMORANDUM *

Stonelight Tile, Inc., and its president, David G. Anson, 1 appeal the portion of the district court’s judgment that went against them in their 42 U.S.C. § 1983 action against Bay Area Air Quality Management District (AQMD). For its part, AQMD appeals the portion of the judgment that went against it. We reverse and remand for entry of judgment in favor of AQMD.

On any view of the record, if AQMD did commit wrongs against Stonelight, those ended by the end of 1994, and this § 1983 action was not filed until 1998. Under California law, the statute of limitations was one year from the date that it began to run. 2 The date of accrual — the date on which the statute of limitations started to run — is, however, a question of federal law. See Johnson v. California, 207 F.3d 650, 653 (9th Cir.2000). Under federal law, it *604 commences “when the plaintiffs know or have reason to know of the injury that is the basis of their action.” RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1058 (9th Cir.2002); see also Johnson, 207 F.3d at 653 .

The district court, in effect, granted summary judgment against AQMD on the statute of limitations issue. Based on the record, which…