Robert R. Cervantes v. City of San Diego San Diego Police Department Dennis Sesma Officer Carlos Garcia Les Wardwell Officer Eugene Bojorquez
5 F.3d 1273 · Court of Appeals for the Ninth Circuit · 1993
Facts
Robert R. Cervantes filed a § 1983 action alleging a conspiracy by defendants led to his unlawful arrest, illegal search, falsified evidence, and wrongful termination from the San Diego Fire Department. He pursued administrative remedies and state court review for reinstatement before filing his federal claim. The district court dismissed his amended complaint, finding it time-barred because the statute of limitations was not tolled by his prior proceedings.
Issue
Did the district court err in dismissing Cervantes' § 1983 claim as time-barred under Fed.R.Civ.P. 12(b)(6), given his allegations that the limitations period should be equitably tolled by his pursuit of administrative and state court remedies?
Holding
Yes, the Ninth Circuit reversed the district court's dismissal, holding that Cervantes' complaint adequately alleged facts supporting equitable tolling under California law. The court found that equitable tolling is generally a fact-intensive inquiry not properly resolved at the pleading stage.
Rule
Under California law, equitable tolling applies when a plaintiff, possessing several legal remedies, reasonably and in good faith pursues one designed to lessen injuries, provided there is timely notice to defendants, lack of prejudice to defendants in gathering evidence for the second claim, and good faith and reasonable conduct in filing the second claim. This fact-specific test is generally not amenable to resolution on a Rule 12(b)(6) motion.
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