Stophlet

Stophlet v. County of Orange

Good Law
227 F. App'x 669
United States Court of Appeals for the Ninth CircuitApril 17, 2007No. 05-55764California331 words

Opinion

Lead Opinion

MEMORANDUM ***

Petitioner Catherine L. Stophlet appeals the district court’s denial of her motion for *670 leave to amend her complaint. We have jurisdiction under 28 U.S.C. § 1292 , and we affirm.

We review the denial of leave to amend a complaint for abuse of discretion. See Chappel v. Lab. Corp. of Am., 282 F.3d 719, 725 (9th Cir.2000). Because California’s statute of limitations applies to Stophlet’s claim, state law governs. See Knox v. Davis, 260 F.3d 1009, 1012 (9th Cir. 2001).

Stophlet failed to establish the necessary elements of estoppel. See Doheny Park Terrace Homeowners Ass’n, Inc. v. Truck Ins. Exch., 132 Cal.App.4th 1076 , 34 Cal.Rptr.3d 157, 174 (2005). There is no evidence that Respondents intended to induce Stophlet’s reliance on the letter. Stophlet was not “ignorant” of the date of the incident, as she was present at the scene and reported the incident to the Sheriffs Department. Lastly, Stophlet’s reliance on the Sheriffs letter was unreasonable because the letter did not contain the date of the incident at issue.

We also find that the district court appropriately denied tolling of the statute of limitations because Stophlet failed to demonstrate that she…

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