Sunset Drive Corporation v. City of Redlands

Ninth Circuit

Sunset Drive Corporation v. City of Redlands

370 F. App'x 811

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 10, 2010

Docket08-57021

StatusUnpublished

This text of 370 F. App'x 811 (Sunset Drive Corporation v. City of Redlands) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Sunset Drive Corporation v. City of Redlands, 370 F. App'x 811 (9th Cir. 2010).

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Opinion

MEMORANDUM ***

Sunset Drive Corporation (Sunset) appeals the summary judgment in favor of the City of Redlands. Sunset claims the City violated its Fourteenth Amendment rights, the Fair Housing Act (FHA), the California Fair Employment and Housing Act (FEHA), and California Government Code § 65008. The district court concluded that all of Sunset’s claims were barred by the applicable statute of limitations. We affirm.

Both parties agree that the statutes of limitations began to run on Sunset’s claims no later than May 17, 1996, when Sunset filed its state court action. All of Sunset’s claims have a limitations period of three years or less, and this federal action was not filed until 2002. Thus, all of Sunset’s claims are barred.

Tolling under the continuing violations theory is inappropriate because the City has not taken any action regarding Sunset’s application since 1996. See Garcia v. Brockway, 526 F.3d 456, 462 (9th Cir.2008) (distinguishing a continuing violation from the continuing effects of a past violation).

Equitable tolling under California law is inappropriate because Sunset has not demonstrated good faith and reasonable conduct in failing to file its federal action until 2002. See Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1137-38 (9th Cir.2001). Sunset’s federal complaint was filed four months after Sunset voluntarily dismissed its civil rights action in state court and more than three years after expiration of the applicable statutes of limitations. Where forum shopping is evident, equitable tolling is unavailable. *812 See Mitchell v. Frank R. Howard Mem'l Hosp., 6 Cal.App.4th 1396, 1407-08, 8 Cal. Rptr.2d 521 (Cal.Ct.App.1992) (“[Equitable tolling is not available to a plaintiff whose conduct evidences an intent to delay disposition of the case without good cause; and it is certainly not available to a plaintiff who engages in the procedural tactic of moving the case from one forum to another in the hopes of obtaining more favorable rulings.”).

Given this disposition, we do not reach the district court’s alternative holdings on the merits.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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MEMORANDUM ***

Sunset Drive Corporation (Sunset) appeals the summary judgment in favor of the City of Redlands. Sunset claims the City violated its Fourteenth Amendment rights, the Fair Housing Act (FHA), the California Fair Employment and Housing Act (FEHA), and California Government Code § 65008. The district court concluded that all of Sunset’s claims were barred by the applicable statute of limitations. We affirm.

Both parties agree that the statutes of limitations began to run on Sunset’s claims no later than May 17, 1996, when Sunset filed its state court action. All of Sunset’s claims have a limitations period of three years or less, and this federal action was not filed until 2002. Thus, all of Sunset’s claims are barred.

Tolling under the continuing violations theory is inappropriate because the City has not taken any action regarding Sunset’s application since 1996. See Garcia v. Brockway, 526 F.3d 456, 462 (9th Cir.2008) (distinguishing a continuing violation from the continuing effects of a past violation).

Equitable tolling under California law is inappropriate because Sunset has not demonstrated good faith and reasonable conduct in failing to file its federal action until 2002. See Daviton v. Columbia/HCA Healthcare Corp., 241 F.3d 1131, 1137-38 (9th Cir.2001). Sunset’s federal complaint was filed four months after Sunset voluntarily dismissed its civil rights action in state court and more than three years after expiration of the applicable statutes of limitations. Where forum shopping is evident, equitable tolling is unavailable. *812 See Mitchell v. Frank R. Howard Mem'l Hosp., 6 Cal.App.4th 1396, 1407-08, 8 Cal. Rptr.2d 521 (Cal.Ct.App.1992) (“[Equitable tolling is not available to a plaintiff whose conduct evidences an intent to delay disposition of the case without good cause; and it is certainly not available to a plaintiff who engages in the procedural tactic of moving the case from one forum to another in the hopes of obtaining more favorable rulings.”).

Given this disposition, we do not reach the district court’s alternative holdings on the merits.

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.

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