Marasovic

MEMORANDUM **

Carole Marasovic appeals pro se from the district court’s judgment dismissing her 42 U.S.C. § 1983 action as time-barred. We have jurisdiction pursuant to 28 U.S.C. § 1291 . The district court’s decision whether to apply equitable tolling is reviewed for abuse of discretion. See Jones v. Blanas, 393 F.3d 918, 926 (9th Cir.2004). We affirm.

The district court correctly determined that Marasovic was not entitled to equitable tolling of the statute of limitations, because she did not diligently pursue her initial action against the defendants. See Wood v. Filing Corp., 20 Cal.3d 353 , 142 Cal.Rptr. 696 , 572 P.2d 755, 758 (1977) (“[A] party cannot deduct from the period of the statute of limitations applicable to his case the time consumed by the pendency of an action in which he sought to have the matter adjudicated, but which was dismissed.... ”); Hull v. Central Pathology Serv. Med. Clinic, 28 Cal.App.4th 1328 , 34 Cal.Rptr.2d 175, 180 (1994) (holding that statute of limitations was not equitably tolled because plaintiff did not diligently pursue claims).

Marasovic’s equitable estoppel claim fails because she did not claim that opposing counsel intentionally…