Chang

Chang v. Rockridge Manor Condominium

Good Law
344 F. App'x 365
United States Court of Appeals for the Ninth CircuitAugust 31, 2009No. 08-16753California340 words

Opinion

Lead Opinion

MEMORANDUM ***

Christine Chang appeals pro se from the district court’s judgment in her action alleging violations of 42 U.S.C. § 1983 and various state laws, and conspiracy to violate her rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Shanks v. Dressel, 540 F.3d 1082, 1086 (9th Cir.2008), and we affirm.

The district court properly granted summary judgment for the Rockridge Manor defendants because Chang’s claims are barred by the release Chang executed in connection with the settlement of her state court action against these defendants. See Marder v. Lopez, 450 F.3d 445, 449-50 (9th Cir.2006) (discussing release of claims under California law).

The district court properly dismissed the claims against the University defendants because some of Chang’s claims are time-barred, see Cal.Civ.Proc.Code § 335.1 (two-year statute of limitations for assault, battery, and personal injury), and the remaining claims fail to state a claim for relief, see Shanks, 540 F.3d at 1090 (elements of a procedural due process claim under section 1983); Rusheen v. Cohen, 37 Cal.4th 1048 , 39 Cal.Rptr.3d 516 , 128 P.3d 713, 718 (2006) (elements of an abuse of process claim…

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