928 F. 2d 1136 - Diaz v. City of East Palo Alto
928 F2d 1136 Diaz v. City of East Palo Alto
928 F.2d 1136
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Delora DIAZ, Plaintiff-Appellant,
v.
CITY OF EAST PALO ALTO, Dan Nelson, Chief, City of East Palo
Alto Police Department, Marie Watts, Officer,
Tracy Frey, Officer, Defendants-Appellees.
No. 89-16594.
United States Court of Appeals, Ninth Circuit.
Argued and Submitted March 14, 1991.
Decided March 20, 1991.
On Appeal From the United States District Court for the Northern District of California, No. CV-89-1735-TEH; Thelton E. Henderson, District Judge, Presiding.
N.D.Cal.
REVERSED AND REMANDED.
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Before BEEZER and NOONAN, Circuit Judges, and SINGLETON,* District Judge.
MEMORANDUM**
Cal.Gov't Code Sec. 945.3 tolled the statute of limitations applicable to Diaz's civil rights action. See Harding v. Galceran, 889 F.2d 906, 908-09 (9th Cir.1989), cert. denied, 1991 US LEXIS 954 (Feb. 19, 1991). Hardin v. Straub, 490 U.S. 536 (1989), cited by appellees, does not suggest a different result.
Appellant has not prevailed on the merits of her claim. Her request for attorney fees under 42 U.S.C. Sec. 1988 is denied. See Jensen v. City of San Jose, 806 F.2d 899, 901 (9th Cir.1986) (en banc).
REVERSED AND REMANDED.