Does the statute of limitations apply to a tort action brought by the California Department of Justice?
MultiRegion, United States of America
The following excerpt is from Andrisani v. Superior Court, 993 F.2d 881 (9th Cir. 1993):
The tort action was filed after the one year statute of limitations expired. See Cal.Code Civ.Proc. 340. Moreover, state tort claims are "legally distinct" from federal civil rights claims. Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989). The filing of a state tort action does not toll the statute of limitations in a federal civil rights action. Id.
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