When will the statute of limitation apply in a civil servant's case?

A final issue to be considered concerning the statute of limitation is the equitable tolling doctrine. The Secretary contends that if the employers had raised the issue of commencement of the action at trial, the Secretary would have explained why the individuals were not named in the complaint. We sympathize with the position of the Secretary and believe that a litigant in his position could have been misled by the defendants' failure to press the commencement issue at trial. On remand, we suggest that the district court hear the reason for the Secretary's failure to name the parties earlier to determine if it justifies the application of the equitable tolling doctrine established in Partlow v. Jewish Orphans' Home of Southern California, Inc., 645 F.2d 757 (9 Cir. 1978).