Budd

MEMORANDUM ***

John Arthur Budd, Mary Ann Hunt and Budd acting as general partner of the Mary Ann Hunt Family Limited Partnership (Hunt FLP) appeal the district court’s dismissal of their second amended complaint against the City of Santa Maria and various city officials. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 1343 , and we affirm the dismissal.

Appellants first contend that the district court erred when it dismissed with prejudice Budd’s civil rights claim based on malicious prosecution, finding that it was barred by the statute of limitations because it was filed more than two years after the state court dismissed the criminal charges against him. Budd argues his complaint is timely because the statute of limitations should have been tolled for thirty days based on the amount of time allowed for appeal of the dismissal. However, the prosecution moved for dismissal of the charges. Under California law, the prosecution may not appeal from an order dismissing charges when the order is made upon the prosecution’s motion. People v. Deltoro, 214 Cal.App.3d 1417 , 263 Cal. Rptr. 305, 307 (1989); People v. Rawlings, 42 Cal.App.3d 952 , 117 Cal.Rptr. 651,…