Evans

Evans v. City & County of San Francisco

Good Law
United States District Court, Northern District of CaliforniaDecember 7, 20213:21-cv-02935California988 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 3 RACHELL EVANS, Case No. 21-cv-02935-SI

Plaintiff,

ORDER RE: DEFENDANT’S MOTION

v. FOR JUDGMENT ON THE

PLEADINGS AND/OR TO STRIKE

CITY & COUNTY OF SAN FRANCISCO, Re: Dkt. No. 17 Defendant.

9 Defendant’s motion for judgment on the pleadings is scheduled for a hearing on December 10, 2021. Pursuant to Civil Local Rule 7-1(b), the Court determines that the matter is appropriate for resolution without oral argument and VACATES the hearing. For the reasons set forth below, defendant’s motion is GRANTED in part and DENIED in part. 14 DISCUSSION I. Statute of limitations for 42 U.S.C. § 1983 claims The parties dispute whether the statute of limitations for claims under 42 U.S.C. § 1983 is two or three years. “In determining the proper statute of limitations for actions brought under 42 U.S.C. § 1983, we look to the statute of limitations for personal injury actions in the forum state.” …

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