Pirghaibi

MEMORANDUM ***

John and Sandra Pirghaibi appeal the district court’s grant of a motion to dismiss without leave to amend their civil rights claims under 42 U.S.C. §§ 1981 , 1982, and 1985(3). We affirm.

Although we accept as true all allegations of material fact in the Pirghaibis’ First Amended Complaint (“FAC”), we may consider acts alleged beyond the two-year statute of limitations, i.e., before August 15, 2001, only as evidence demonstrating motive or providing background for a timely claim. See Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 113 , 122 S.Ct. 2061 , 153 L.Ed.2d 106 (2002); RK Ventures, Inc. v. City of Seattle, 307 F.3d 1045, 1061-62 (9th Cir.2002). We may not consider, on Rooker-Feldman grounds, any of the claims pertaining to the well water sharing agreement that were previously decided by a California state court. See Fielder v. Credit Acceptance Corp., 188 F.3d 1031, 1034-35 (9th Cir.1999). Nor need we decide whether a “hostile environment” claim may be raised outside the workplace environment because the FAC does not plead a “ ‘sufficiently severe or pervasive’ ” pattern of racial hostility or abuse, see McGinest v. GTE Serv. Corp., 360 F.3d 1103, 1113…

concurring.

I concur in the result.