Frost

Frost v. Diocese of San Bernardino Education & Welfare Corp.

Good Law
302 F. App'x 729
United States Court of Appeals for the Ninth CircuitDecember 8, 2008No. 07-56007California618 words

Opinion

lead Opinion

MEMORANDUM ***

Wayne Frost appeals the district court’s dismissal of his complaint against the Diocese of San Bernardino Education and Welfare Corporation, the County of Riverside, and three named employees of St. Catherine of Alexandria, a parochial school. We conclude, as did the district court, that Frost’s action under 42 U.S.C. § 1983 is barred by the applicable statute *730 of limitations, as to all claims and all defendants. Accordingly, we affirm the dismissal under Federal Rule of Civil Procedure 12(b)(6).

The limitations period here is two years, derived from California’s two-year statute of limitations for personal injury actions. Cal.Civ.Proc.Code § 335.1; see also Andonagui v. May Dep’t Stores Co., 128 Cal. App.4th 435 , 27 Cal.Rptr.3d 145 , 149 (Ct. App.2005) (applying the two-year statute of limitations, rather than a one-year limitations period, to an action with similar relevant dates). “A federal claim [under § 1983] accrues when the plaintiff knows or has reason to know of the injury which is the basis of the action.” Bagley v. CMC Real Estate Corp., 923 F.2d 758, 760 (9th Cir.1991) (citation and internal quotation marks omitted). Frost does not dispute that…

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