Mejia

MEMORANDUM ***

Jesse Mejia, owner of Mejia Steel Welding, appeals the district court’s dismissal without leave to amend of his suit against twelve California Department of Transportation officials for a conspiracy involving welding-inspections on seismic retrofit projects in the mid-1990’s. The facts are familiar to the parties and are not repeated here.

The district court dismissed Mejia’s complaint based on the one-year statute of limitations found in former California Code of Civil Procedure § 340(3). We determine “the accrual of civil conspiracies for limitations purposes in accordance with the last overt act doctrine.” Gibson v. United States, 781 F.2d 1334, 1340 (9th Cir.1986). Under this doctrine, Mejia must allege an overt act that injured him within the limitations period and not just a continuing conspiracy. Id. Unfortunately, the only qualifying act Mejia alleges is the presentation of false testimony at an arbitration in Advanco v. State of California Department of Transportation. As Mejia conceded in the district court, neither he nor his company did any welding for Advanco, and neither he nor his company are mentioned in the arbitration decision. Thus, any false…