Betz

concurring:

I concur in the result.

MEMORANDUM *

Heide Betz appeals the district court’s summary judgment in favor of David P. Como, Robert Vile, First Republic Bank, and Trainer Wortham and Company (collectively, “defendants”) on Betz’s claims, under California law, of breach of fiduciary duty, breach of the implied covenant of good faith and fair dealing, negligent misrepresentation, and unfair business practices. 1 The district court held that the claims were barred by the respective statutes of limitations for each of these claims. 2 We reverse and remand each claim to the district court.

I

First, we hold that Betz’s breach of fiduciary duty claim is not, as a matter of law, barred by the statute of limitations. In California, the statute of limitations on a claim for breach of fiduciary duty is four years, see Cal.Code Civ. P. § 343, and begins to run when the plaintiff “discover[s], or in the exercise of reasonable diligence could have discovered” the breach. Stalberg v. W. Title Ins. Co., 230 Cal.App.3d 1223, 1230 , 282 Cal.Rptr. 43 (1991). However, under California’s “gravamen rule,” courts look to the true nature of the plaintiffs suit, rather than the cause of action the plaintiff alleges, to determine…