Does the doctrine of equitable tolling apply to prevent the running of the statute of limitations on a claim against Republic?

MultiRegion, United States of America

The following excerpt is from Kasim v. Republic Management Services, Inc., 141 F.3d 1176 (9th Cir. 1997):

Kasim's contention that the district court should have applied the doctrine of equitable tolling to prevent the running of the statute of limitations on his claim against Republic fails because Kasim did not meet the equitable tolling requirements set out in Hosogai v. Kadota, 145 Ariz. 227, 700 P.2d 1327, 1331 (Ariz.1985) (en banc), and codified in Arizona Revised Statutes 12-504. 1 Equitable tolling was meant to cover those situations in which a lawsuit is filed and later dismissed for procedural reasons. It allows the plaintiff to file a second suit for the same cause of action if the first suit was timely filed. Here, Kasim's claim against Republic was not brought until eighteen months after the statute of limitations had run.

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