Torres v. City of Santa Ana

108 F.3d 224, 97 Cal. Daily Op. Serv. 1593, 97 Daily Journal DAR 3071, 1997 U.S. App. LEXIS 3753, 1997 WL 87869
CourtCourt of Appeals for the Ninth Circuit
DecidedMarch 4, 1997
DocketNo. 95-56642
StatusPublished
Cited by35 cases

This text of 108 F.3d 224 (Torres v. City of Santa Ana) 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.

Bluebook
Torres v. City of Santa Ana, 108 F.3d 224, 97 Cal. Daily Op. Serv. 1593, 97 Daily Journal DAR 3071, 1997 U.S. App. LEXIS 3753, 1997 WL 87869 (9th Cir. 1997).

Opinion

D.W. NELSON, Circuit Judge:

David Torres appeals the district court’s dismissal of his 42 U.S.C. § 1983 complaint against the City of Santa Ana and individual defendants alleging civil rights violations that occurred when he was arrested by the Santa Ana police for prowling and resisting arrest. The district court concluded that Torres’s complaint was time-barred by Cal.Gov’t Code § 945.3. Torres claims that his cause of action is not time-barred because the statute of limitations should have been tolled by either a notice to appear or a petition for arraignment on probation violation. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On March 3, 1994, David Torres was arrested for committing two misdemeanors: prowling, in violation of Cal.Penal Code § 647(g), and resisting and obstructing an officer in the performance of his duties, in violation of Cal.Penal Code § 148. Torres was released after being cited for these violations and after he signed a notice to appear.

As a result of this arrest, Torres was formally notified that he was being charged with violating his probation, which had been imposed in September 1991 when Torres pled guilty to robbery in violation of Cal.Penal Code § 211. A petition for arraignment on probation violation was filed with the Orange County Superior Court on March 30, 1994. Torres subsequently admitted that he violated his probation.

On May 17, 1994, Officer Conde filed a complaint in the Municipal Court of Central Orange County on the two misdemeanor counts. On August 1,1994, Torres appeared before the court to be arraigned on these [226]*226charges. On that same day, Torres pled guilty to both counts and was sentenced to 20 days in the Orange County jail.

On June 80,1995, Torres initiated this civil rights complaint against the City of Santa Ana and individual defendants; Torres alleged, inter alia, that the defendants violated his Fourth Amendment right not to be subjected to the use of excessive force when they permitted Torres to be “mauled” by a police dog during his March 3, 1994 arrest.

The defendants moved to dismiss Torres’s complaint because it was filed one year and 119 days after his arrest and was therefore barred by California’s one-year statute of limitations on civil actions arising from criminal proceedings. See Cal.Civ.Proc.Code § 340(3). Torres argued that the statute of limitations had been tolled from March 3, 1994, when he was served with a notice to appear, to August 1, 1994, when he was sentenced. See Cal.Gov’t Code § 945.3.

The district court determined that the statute of limitations was tolled from May 17, 1994, when Officer Conde filed a complaint against Torres in the Municipal Court of Central Orange County, until August 1,1994, when Torres was sentenced. Based upon this determination, the one-year statute of limitations was tolled for 77 days, which meant that Torres’s civil rights complaint was late by 42 days. Accordingly, the district court concluded that Torres’s complaint was time-barred, and therefore granted the defendants’ motion to dismiss.

DISCUSSION

We review de novo a district court’s dismissal of an action on statute of limitations grounds. Harding v. Galceran, 889 F.2d 906, 907 (9th Cir.1989), cert. denied, 498 U.S. 1082, 111 S.Ct. 951, 112 L.Ed.2d 1040 (1991). The statute of limitations for § 1983 claims is determined by state law. Trimble v. City of Santa Rosa, 49 F.3d 583, 585 (9th Cir.1995); Galceran, 889 F.2d at 907. Section 1983 claims are characterized as personal injury actions for statute of limitations purposes. Wilson v. Garcia, 471 U.S. 261, 276, 105 S.Ct. 1938, 1947, 85 L.Ed.2d 254 (1985); Trimble, 49 F.3d at 585. In California, the statute of limitations for personal injury actions is one year. See Cal.Civ.Proc. Code § 340(3); Elliott v. City of Union City, 25 F.3d 800, 802 (9th Cir.1994).

State law also governs the application of tolling doctrines. Hardin v. Straub, 490 U.S. 536, 543-44, 109 S.Ct. 1998, 2002-03, 104 L.Ed.2d 582 (1989). “In California, the statute of limitations for section 1983 actions is tolled by Cal.Gov’t Code § 945.3 while criminal charges are pending.” Trimble, 49 F.3d at 585. Section 945.3 reads:

No person charged by indictment, information, complaint, or other accusatory pleading charging a criminal offense may bring a civil action for money or damages against a peace officer or the public entity employing a peace officer based upon conduct of the peace officer relating to the offense for which the accused is charged, including an act or omission in investigating or reporting the offense or arresting or detaining the accused, while the charges against the accused are pending before a justice, municipal, or superior court.
Any applicable statute of limitations for filing and prosecuting these actions shall be tolled during the period that the charges are pending before a justice, municipal, or superior court.

Cal.Gov’t Code § 945.3. Under this section, “criminal charges are ‘pending’ until the date of judgment.” McAlpine v. Superior Court, 209 Cal.App.3d 1, 3, 257 Cal.Rptr. 32 (Cal.Ct.App.1989).

A The Notiee to Appear

Torres claims that the notice to appear that he signed on March 3, 1994, constitutes an “accusatory pleading” that was “pending before a justice, municipal, or superior court” and therefore tolls the statute of limitations on his § 1983 claim.

Torres is correct in one respect: The notice to appear does constitute an “accusatory pleading.” Section 853.6 of the California Penal Code provides that where a person is arrested for a misdemeanor, the arresting officer “shall prepare ... a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the [227]*227person shall appear in court.” CaLPenal Code § 853.6(a) (emphasis added). On its face, a notice to appear charges the arrestee with a criminal violation. There is no reason to believe that the phrase “other accusatory pleading charging a criminal offense” contained in § 945.3 fails to include a notice to appear that, by definition, describes the offense with which the arrestee is charged.

Torres’s argument ultimately fails, however, because the charges were not filed with a court until May 17,1994.

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108 F.3d 224, 97 Cal. Daily Op. Serv. 1593, 97 Daily Journal DAR 3071, 1997 U.S. App. LEXIS 3753, 1997 WL 87869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torres-v-city-of-santa-ana-ca9-1997.