The following excerpt is from Banks v. County of San Diego, 951 F.2d 358 (9th Cir. 1991):
First, under California law the section 1983 statute of limitations is not equitably tolled where a plaintiff pursues a state court tort claim arising from the same facts. 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). Accordingly, the district court did not err in failing to find that the state court action tolled the limitations period.
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