What is the test for a motion to extend the statute of limitations in a civil case?
MultiRegion, United States of America
The following excerpt is from Venegas v. Wagner, 704 F.2d 1144 (9th Cir. 1983):
1 The statute of limitations cannot be avoided merely by artful pleading. In asserting denial of a fair trial, plaintiff has the burden of alleging (and proving) defendant's conduct proximately caused the conviction and damages which flow therefrom. See Smiddy v. Varney, 665 F.2d 261, 266-68 (9th Cir.1981). This is a more formidable task than establishing false arrest or illegal search and seizure.
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