Aline Ervin v. Cnty. of Los Angeles, a Chartered Governmental Entity, 848 F.2d 1018 (9th Cir. 1988). · Go Syfert
Aline Ervin v. Cnty. of Los Angeles, a Chartered Governmental Entity, 848 F.2d 1018 (9th Cir. 1988). Cases Citing This Book View Copy Cite
“appellant's 13 unwarranted delay in filing her federal civil rights claim was neither reasonable nor in good 14 faith.”
54 citation events (20 in the last 25 years) across 6 distinct courts.
Strongest positive: Meniooh v. Humboldt County (cand, 2021-03-31)
Treatment trajectory · 1989 → 2026 · click a year to view as-of
1989 2007 2026
Top citers, strongest first. 32 distinct citers.
discussed Cited as authority (verbatim quote) Meniooh v. Humboldt County
N.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
appellant's 13 unwarranted delay in filing her federal civil rights claim was neither reasonable nor in good 14 faith.
cited Cited as authority (rule) Bryce Dixon v. USC
9th Cir. · 2024 · confidence medium
Cnty., 848 F.2d 1018, 1020 (9th Cir. 1988) (delay of “perhaps as much as a year and a half” was unreasonable).
cited Cited as authority (rule) Avery v. Arreola
N.D. Cal. · 2023 · confidence medium
Ervin v. Los Angeles Cnty., 12 848 F.2d 1018, 1020 (9th Cir. 1988). 13 Defendants argue that equitable tolling for plaintiff’s OIPA complaint fails as a matter of 14 law.
cited Cited as authority (rule) Redisegno.com, S.A. de C.V. v. Barracuda Networks, Inc.
N.D. Cal. · 2020 · confidence medium
Ervin v. Cty. of L.A., 848 F.2d 1018, 1020 (9th Cir.1988) (year 11 and a half wait to file second claim unreasonable and not in good faith).
discussed Cited as authority (rule) Syl Johnson v. UMG Recordings, Inc.
C.D. Cal. · 2019 · confidence medium
Howard 7 Mem'l Hosp., 6 Cal. App. 4th 1396, 1407 (Ct. App. 1992) (finding plaintiff lacked 8 good faith when nine months had lapsed since he dismissed his federal action); Ervin 9 v. Los Angeles Cty., 848 F.2d 1018, 1020 (9th Cir. 1988) (finding plaintiff lacked 10 good faith for delaying the second claim when plaintiff had possession of facts for 11 over a year and a half prior to her filing the action).
discussed Cited as authority (rule) Lance Williams v. Kerkfoot
9th Cir. · 2016 · confidence medium
Code §§ 335.1 (two-year statute of limitations for personal injury claims); 352.1 (statutory tolling for up to two years due to incarceration); Douglas v. Noelle, 567 F.3d 1103, 1109 (9th Cir. 2009) (§ 1983 claims are governed by forum state’s statute of limitations for personal injury actions); Jones, 393 F.3d at 928 (“[Ajctual, uninterrupted incarceration is the touchstone for applying California’s tolling provision of the disability of imprisonment.” (citation and internal quotation marks omitted)); Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir. 1988) (concludin…
discussed Cited as authority (rule) Lance Williams v. Aparicio
9th Cir. · 2016 · confidence medium
Code § 335.1 (two-year statute of limitations for personal injury claims); Douglas v. Noelle, 567 F.3d 1103, 1109 (9th Cir. 2009) (§ 1983 claims are governed by forum state’s statute of limitations for personal injury actions, and they accrue when the plaintiff knows or should know of the injury that is the basis of the cause of action); Fink v. Shedler, 192 F.3d 911, 916 (9th Cir. 1999) (three-pronged test for equitable tolling in California); Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir. 1988) (concluding that plaintiffs unwarranted delay of more than a year in filing …
discussed Cited as authority (rule) Susan Polk v. James Cavin
9th Cir. · 2011 · confidence medium
Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003) (failure to exhaust administrative remedies); Ervin v. Los Angeles County, 848 F.2d 1018, 1019 (9th Cir.1988) (statute of limitations and equitable tolling).
discussed Cited as authority (rule) De Cuir v. Los Angeles County
9th Cir. · 2001 · confidence medium
See Cervantes v. City of San Diego, 5 F.3d 1273, 1275 (9th Cir.1993); Bagley v. CMC Real Estate Corp., 923 F.2d 758, 760-61 (9th Cir.1991); Ervin v. Los Angeles County, 848 F.2d 1018, 1019-20 (9th Cir. 1988).
cited Cited as authority (rule) Puerta v. County of Los Angeles
9th Cir. · 1998 · confidence medium
See Estate of Blue, 120 F.3d at 984-85 ; Ervin v. Los Angeles County, 848 F.2d 1018, 1019-20 (9th Cir.1988). 4 Accordingly, the district court did not err by dismissing Puerta's action.
cited Cited as authority (rule) Estate of Blue v. County of Los Angeles
9th Cir. · 1997 · confidence medium
As in Ervin v. Los Angeles County, 848 F.2d 1018, 1020 (9th Cir.1988), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1125 , 103 L.Ed.2d 187 (1989), Bacon, 843 F.2d at 374-75 , and Mitchell v. Frank R.
discussed Cited as authority (rule) ca9 1997
9th Cir. · 1997 · confidence medium
But the Estate relinquishes its opportunity to litigate in federal court at its peril; that it dismissed Blue I because it wanted to litigate all of its claims together in state court does not amount to "good faith and reasonable conduct" which would support tolling the statute of limitations to allow the Estate back in to federal court more than four years after the statute has run. 11 As in Ervin v. Los Angeles County, 848 F.2d 1018, 1020 (9th Cir.1988), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1125 , 103 L.Ed.2d 187 (1989), Bacon, 843 F.2d at 374-75 , and Mitchell v. Frank R.
discussed Cited as authority (rule) ca9 1997
9th Cir. · 1997 · confidence medium
See also Million v. Frank, 47 F.3d 385, 389 (10th Cir.1995) (equitable tolling inapplicable where there is no evidence that claimant had insufficient opportunity or time to file action once he actually saw the notice); Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988) (where a claimant's delay in filing her civil action is unwarranted, the delay is neither reasonable nor in good faith, and therefore equitable tolling inapplicable).CONCLUSION 33 The district court's grant of summary judgment in favor of defendants on the Title VII claims and the remand to state court of the …
discussed Cited as authority (rule) Nelmida v. Shelly Eurocars, Inc.
9th Cir. · 1997 · confidence medium
See also Million v. Frank, 47 F.3d 385, 389 (10th Cir.1995) (equitable tolling inapplicable where there is no evidence that claimant had insufficient opportunity or time to file action once he actually saw the notice); Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988) (where a claimant’s delay in filing her civil action is unwarranted, the delay is neither reasonable nor in good faith, and therefore equitable tolling inapplicable).
cited Cited as authority (rule) Flanagan v. Federal Sav. and Loan Ins. Corp.
9th Cir. · 1996 · confidence medium
One of the cases Cervantes noted is Ervin v. County of Los Angeles, 848 F.2d 1018, 1020 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989).
cited Cited as authority (rule) ca9 1996
9th Cir. · 1996 · confidence medium
Ervin v. County of Los Angeles, 848 F.2d 1018, 1019 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989).
discussed Cited as authority (rule) David Crawford v. Gerald Goldberg Robert Bonnici John Akin James Stevens
9th Cir. · 1994 · confidence medium
Id.; Emrich v. Touche Ross & Co., 846 F.2d 1190, 1198 (9th Cir.1988); see Del Percio v. Thornsley, 877 F.2d 785 , 786 n. 1 (9th Cir.1989) (defendants in second claim entirely unrelated to parties in first claim); Ervin v. County of Los Angeles, 848 F.2d 1018, 1020 (9th Cir.1988) (year and a half wait to file second claim unreasonable and not in good faith), cert. denied, 489 U.S. 1014 (1989). 10 A. Alteration of Hearing Officer's Decision (1981) 11 In his second cause of action, Crawford alleges that the defendants removed a hearing officer's recommendation to withdraw charges of incompetence …
discussed Cited as authority (rule) Robert R. Cervantes v. City of San Diego San Diego Police Department Dennis Sesma Officer Carlos Garcia Les Wardwell Officer Eugene Bojorquez (2×)
9th Cir. · 1993 · confidence medium
See Del Percio v. Thornsley, 877 F.2d 785 , 786 n. 1 (9th Cir.1989) (defendants in second claim entirely unrelated to parties in first claim); Ervin v. County of Los Angeles, 848 F.2d 1018, 1020 (9th Cir.1988) (year and a half wait to file second claim unreasonable and not in good faith), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1125 , 103 L.Ed.2d 187 (1989); Arnold v. United States, 816 F.2d 1306, 1312-13 (9th Cir.1987) (limitations period for state claims not tolled by “distinct” federal claim). 4 In this case, the allegations of the complaint alone will not properly yield a conclusion th…
discussed Cited as authority (rule) Siavash Human v. City of Santa Monica (2×) also: Cited "see"
9th Cir. · 1993 · confidence medium
Sec. 1291 , 1 and we affirm. 3 * Statute of Limitations 4 We review de novo a district court's dismissal for failure to state a claim on the basis that it is time-barred. 2 Ervin v. County of Los Angeles, 848 F.2d 1018, 1019 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989).
cited Cited as authority (rule) Andrisani v. Superior Court
9th Cir. · 1993 · confidence medium
Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989).
discussed Cited as authority (rule) Bruce Allen v. William Bunnell
9th Cir. · 1993 · confidence medium
See, e.g., Irwin v. Veterans Administration, 498 U.S. 89 , 111 S.Ct. 453, 457-58 (1990); Ervin v. County of Los Angeles, 848 F.2d 1018, 1019 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989); Addison v. State, 146 Cal.Rptr. 224, 226 (Cal.1978).
discussed Cited as authority (rule) Alfred Banks v. County of San Diego City of San Diego
9th Cir. · 1991 · confidence medium
Ervin v. Los Angeles County, 848 F.2d 1018, 1019 (9th Cir.1988), cert. denied, 489 U.S. 1014 (1989); see Loehr v. Ventura Community College Dist., 147 Cal.App.3d 1071, 1086 , 195 Cal.Rptr. 576, 585 (1983) (pursuit of civil rights actions in federal court did not equitably toll statute of limitations with respect to factually related state court tort claims).
cited Cited as authority (rule) Palatine National Bank of Palatine v. Strom (In Re Strom)
Bankr. D. Minn. · 1989 · confidence medium
Ervin v. Los Angeles County, 848 F.2d 1018, 1019 (9th Cir.1988).
discussed Cited "see" Tolbert v. Antioch Police Department
N.D. Cal. · 2024 · signal: see · confidence high
See Ervin, 848 F.2d at 1019 (holding the statute of limitations for 24 25 4 Plaintiff previously also argued equitable tolling based upon another government tort claim he 26 states he filed in July 2019, but because Plaintiff pursued this claim after the limitations period had already expired, the Court previously concluded it did not give Defendants “timely notice” of his 27 claims under Collier.
discussed Cited "see" Andrew Kramer v. County of Los Angeles
C.D. Cal. · 2023 · signal: see · confidence high
See, 16 e.g., Ervin v. Cnty. of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir. 1988) (finding 17 a plaintiff was not entitled to equitable tolling because she had “failed to show that 18 she acted reasonably and in good faith by delaying the filing of her federal civil rights 19 action beyond the statutory limitations period”). 20 Following careful review of the Complaint and giving plaintiff the benefit of 21 any doubt, it appears that the present action should be dismissed without leave to 22 amend because any federal civil rights claims that plaintiff is raising in this action 23 are bar…
discussed Cited "see" Roberto Jose Cota v. Santa Ana Police Department
C.D. Cal. · 2022 · signal: see · confidence high
See Ervin v. Los Angeles Cnty., 848 F.2d 1018 , 1020 23 (9th Cir. 1988) (finding plaintiff ineligible for equitable tolling because she 24 failed to show she acted reasonably and in good faith by delaying the filing of 25 her federal civil rights action for over a year and a half after she became aware 26 of the facts giving rise to her claim); Wade v. Ratella, 407 F. Supp. 2d 1196 , 27 1206 (S.D.
discussed Cited "see" Easley v. County of El Dorado Probation Department
9th Cir. · 2012 · signal: see · confidence high
See Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988) (setting forth three-factor test for equitable tolling and concluding that plaintiffs unwarranted delay of more than a year in filing her federal civil rights claim after filing a tort action in state court was neither reasonable nor in good faith).
examined Cited "see" Beecher v. Stratton Corp. (4×) also: Cited "see, e.g."
Vt. · 1999 · signal: see · confidence high
See Ervin, 848 F.2d at 1019 (for statute of limitations to be equitably tolled, plaintiff must have acted reasonably).
discussed Cited "see" Joyce Ann Williams, Individually and as Guardian Ad Litem for Minor Children v. City of San Jose, a Municipal Corporation
9th Cir. · 1992 · signal: see · confidence high
See Ervin v. County of Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir.1988), cert. denied, 489 U.S. 1014 , 109 S.Ct. 1125 , 103 L.Ed.2d 187 (1989); Loehr v. Ventura County Community College Dist., 147 Cal.App.3d 1071, 1084-86 , 195 Cal.Rptr. 576 (1983).
discussed Cited "see" Dort Attwood v. Mendocino Coast District Hospital
9th Cir. · 1989 · signal: see · confidence high
See Ervin v. Los Angeles County, 848 F.2d 1018, 1019-20 (9th Cir.1988), cert. denied, --- U.S. ----, 109 S.Ct. 1125 , 103 L.Ed.2d 187 (1989); Bacon v. City of Los Angeles, 843 F.2d 372, 374 (9th Cir.1988) (Bacon ); Addison v. State, 21 Cal.3d 313, 319-21 , 146 Cal.Rptr. 224, 227-28 , 578 P.2d 941, 943-45 (1978).
discussed Cited "see" Attwood v. Mendocino Coast District Hospital
9th Cir. · 1989 · signal: see · confidence high
See Ervin v. Los An-geles County, 848 F.2d 1018, 1019-20 (9th Cir.1988), cert. denied, — U.S.-, 109 S.Ct. 1125 , 103 L.Ed.2d 187 (1989); Bacon v. City of Los Angeles, 843 F.2d 372, 374 (9th Cir.1988) (Bacon); Addison v. State, 21 Cal.3d 313, 319-21 , 146 Cal.Rptr. 224, 227-28 , 578 P.2d 941, 943-45 (1978).
discussed Cited "see, e.g." Dion Peralta Duran v. County of Riverside
C.D. Cal. · 2023 · signal: see, e.g. · confidence medium
See, e.g., Ervin v. Cnty. of 14 Los Angeles, 848 F.2d 1018, 1019-20 (9th Cir. 1988) (finding a plaintiff was not 15 entitled to equitable tolling because she had “failed to show that she acted reasonably 16 and in good faith by delaying the filing of her federal civil rights action beyond the 17 statutory limitations period”). 18 Following careful review of the Complaint and giving plaintiff the benefit of 19 any doubt, it appears to the Court that the present action must be dismissed without 20 leave to amend because any federal civil rights claims that plaintiff is raising in this 21 act…
Aline ERVIN, Plaintiff-Appellant,
v.
COUNTY OF LOS ANGELES, a Chartered Governmental Entity, Defendant-Appellee
87-5871.
Court of Appeals for the Ninth Circuit.
Jun 13, 1988.
848 F.2d 1018
Donald Barnett, William H. Ford, III, Vincent W. Davis, Los Angeles, Cal., for plaintiff-appellant., J. Patrick Joyce, Deputy Co. Counsel, Los Angeles, Cal., for defendant-appellee.
Koelsch, Kilkenny, Farris.
Cited by 39 opinions  |  Published
KILKENNY, Senior Circuit Judge:

Aline Ervin (“appellant”) appeals from the dismissal of her civil rights action for failure to state a claim upon which relief could be granted, based on the running of the applicable statute of limitations. We review de novo, see Schlegel v. Bebout, 841 F.2d 937, 941 (CA9 1988) (failure to state a claim); Sheet Metal Workers, Local 150 v. Air Sys. Eng’g, Inc., 831 F.2d 1509, 1511 (CA9 1987) (statute of limitations), and we affirm.

The appellant argues that the statute of limitations relevant to her federal civil rights action was equitably tolled by virtue of her previously having filed a tort claim action in state court. This contention lacks merit.

In order for a statute of limitations to be equitably tolled, there must be a showing of three things: first, that the plaintiff gave timely notice to the defendant of the plaintiffs claim; second, that the resultant delay did not cause prejudice to the defendant’s position; and third, that the plaintiff acted reasonably and in good faith. Bacon v. City of Los Angeles, 843 F.2d 372, 374 (CA9 1988); Addison v. State, 21 Cal.3d 313, 319, 146 Cal.Rptr. 224, 227 (1978). As a general proposition, state law governs the application of equitable tolling to the statute of limitations in a federal civil rights action. See Bacon, 843 F.2d at 374 (“state law not inconsistent with federal policy”) (citing Board of Regents v. Tomanio, 446 U.S. 478, 483-85, 100 S.Ct. 1790, 1794-95, 64 L.Ed.2d 440 (1980)). A qualification to these general statements is that, under California law, which clearly controls on this point, equitable tolling is inapplicable to a situation in which “a plaintiff who allegedly suffered several different wrongs pursues only one remedy as to one of those wrongs.” Loehr v. Ventura Community C. Dist., 147 Cal.App.3d 1071, 1086, 195 Cal.Rptr. 576, 585 (1983) (pursuit of civil rights action in federal court did not equitably toll statute of limitations with respect to tort claims subsequently asserted in state court because, inter alia, state and federal causes of action unrelated and predicated on different wrongs) (emphasis in original).

Here, although the procedural history of this case presents the flip side of the situation in Loehr, supra, we find compelling the California court’s analysis of factually related state and federal claims as nevertheless constituting legally distinct wrongs. Because the appellant elected to pursue only one remedy as to one distinct wrong, the district court did not err in holding that the statute of limitations relevant to the appellant’s federal civil rights[*1020] action had not been equitably tolled by her previous filing of the state tort claim action.

Even if we agreed with the appellant’s contention that her state and federal claims were not legally distinct wrongs, however, we would still decline to apply equitable tolling to these facts. Although the record reflects the giving of timely notice to the County of Los Angeles (“appellee”) as well as a lack of prejudice to the appellee, the appellant failed to show that she acted reasonably and in good faith by delaying the filing of her federal civil rights action beyond the statutory limitations period. Our examination of the record reveals that the appellant had not only conducted an investigation of her own into the facts of this case, but had been in possession of a copy of the results of the appellee’s own investigation file as well for perhaps as much as a year and a half prior to her filing the instant action in federal district court. While it is true, as Judge Pregerson pointed out in his dissent in Bacon, 848 F.2d at 375, that the California courts have not clearly defined “good faith” for purposes of determining the applicability vel non of equitable tolling, we conclude that, under the facts as presented here, “good faith” is to be used in its plain and ordinary sense, and that the appellant’s unwarranted delay in filing her federal civil rights claim was neither reasonable nor in good faith.

The decision of the district court is AFFIRMED. [1]

1

. For the reasons set forth above, we need not and do not address the appellee’s argument that the appellant lacked the capacity to bring this federal action on behalf of herself, her son, or his estate.