Legal Opinion
Gerald Bergschneider v. Richard P. Denver
Court of Appeals for the Ninth Circuit
Decided August 13, 1971No. 71-1127PublishedCited by 30 opinions
1Per curiam
The district court dismissed plaintiff’s action on the ground that plaintiff’s amended complaint showed on its face that suit on the claim was barred by limitations.
The purported claim is one under the Civil Rights Act and is based upon an alleged civil conspiracy entered into by defendant with several others. The statute of limitations applicable to such claim is Cal.Civ.Proc. 338, subd. 1 [Donovan v. Reinbold, 433 F.2d 738 (9th Cir. 1970)], which provides that an action must be commenced within three years from the claim’s accrual. This court has held in conspiracy cases that a statute of…
2Cases cited4 opinions
- Adolph G. Hoffman v. C. H. Halden, Dr. Donald E. Wair, Dr. G. F. Keller and Dr. F. Sydney HansenCourt of Appeals for the Ninth Circuit · 1959
- Michael Arthur Donovan v. Earl Reinbold and Harley Askew, Michael Arthur Donovan v. Earl Reinbold and Harley AskewCourt of Appeals for the Ninth Circuit · 1970
- Irving Eugene Ney v. State of California, Lawrence F. Pickett, Keith C. SorensonCourt of Appeals for the Ninth Circuit · 1971
- Virginia Ann Lambert v. R. B. Conrad, W. O. Nesbitt, R. P. Gibson, Does I Through XxCourt of Appeals for the Ninth Circuit · 1962
3Cited by30 opinions
- Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
- Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
- A. Ernest Fitzgerald v. Robert C. Seamans, Jr.Court of Appeals for the D.C. Circuit · 1977
- Kadar Corp. v. Mary H. MilburyCourt of Appeals for the First Circuit · 1977
- Fed. Sec. L. Rep. P 95,560 United States of America v. David B. CharnayCourt of Appeals for the Ninth Circuit · 1976
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