Gomez

MEMORANDUM **

Plaintiffs’ son, José Gomez, was shot and killed by Torrance Police Officer David Maitlen on August 19, 2004, in the course of an attempted robbery of a fast food restaurant. Plaintiffs filed this civil rights action under 42 U.S.C. § 1983 on February 2, 2007. They allege that police responding to the robbery used excessive force resulting in the wrongful death of their son. They also allege that the Torrance Police Department falsified the police investigative report to justify the shooting as a lawful use of deadly force, thereby fraudulently concealing the existence of a cause of action. The district court granted defendants’ motion for summary judgment, holding that plaintiffs had failed to plead fraudulent concealment with sufficient particularity and had thus waived their tolling claim. Accordingly, the district court held that the action was barred by the applicable two-year statute of limitations. See Cal.Civ.Proc.Code § 335.1. We have jurisdiction of this timely appeal under 28 U.S.C. § 1291 and reverse and remand.

We.review the district court’s grant of summary judgment de novo, applying the *969 same standard as the district court. James River Ins. Co.…