Opinion · Court of Appeals for the Ninth Circuit

Virginia Ann Lambert v. R. B. Conrad, W. O. Nesbitt, R. P. Gibson, Does I Through Xx

308 F.2d 571

Type
Opinion
Court
Court of Appeals for the Ninth Circuit
Jurisdiction
Federal
Date
1962-09-24
Topic
general

PER CURIAM. This appeal is from an order dismissing an action as barred by the statute of limitations. The complaint alleges a civil conspiracy under the Civil Rights Act. 42 U.S.C.A. §§ 1983, 1985. The applicable period of limitation is three years. California Code of Civil Procedure, § 338(1); Smith v.

Citator

UpLaw has not yet analyzed Virginia Ann Lambert v. R. B. Conrad, W. O. Nesbitt, R. P. Gibson, Does I Through Xx. The absence of a flag is not a finding that it is good law.

Cited by
21 opinions
PER CURIAM.

This appeal is from an order dismissing an action as barred by the statute of limitations. The complaint alleges a civil conspiracy under the Civil Rights Act. 42 U.S.C.A. §§ 1983, 1985. The applicable period of limitation is three years. California Code of Civil Procedure, § 338(1); Smith v. Cremins, 9 Cir., 308 F.2d 187. The last possible date from which the period could have commenced to run was that of “the last overt act alleged from which damage could have flowed * * Hoffman v. Halden, 268 F.2d 280, 303 (9th Cir. 1959) (issue not affected by Cohen v. Norris, 300 F.2d 24 (9th Cir. 1962). The last overt act alleged was the filing by appellee police officers of a charge against appellant for failure to register as a convicted felon as required by Sections 52.38 to 52.43 of the Municipal Code of the City of Los Angeles. The records of other courts in related proceedings, which we may notice for this purpose (St. Paul Fire & Marine Ins. Co. v. Cunningham, 257 F.2d 731 (9th Cir. 1958), conclusively establish that this act occurred more than three years prior *572 to the filing of the present complaint. See Lambert v. People of State of California, 355 U.S. 225, 78 S.Ct. 240, 2 L.Ed. 2d 228 (1957); Lambert v. Municipal Court of Los Angeles County, 53 Cal.2d 690, 3 Cal.Rptr. 168, 349 P.2d 984 (1960), vacating 343 P.2d 81, which vacated 334 P.2d 605. “[Sjince injury and damage can only flow from overt acts,” the complaint is not saved by a general allegation that the conspiracy continued to a. date within the limitations period. Hoffman v. Halden, supra, 268 F.2d at 303.

Affirmed.