Feliz v. County of Orange

Summary

The California Court of Appeal affirmed dismissal of Lesley Feliz’s wrongful-death and related claims against Orange County as time-barred. The court held that 28 U.S.C. § 1367(d) tolling extended through the appeal from the federal judgment but not through subsequent proceedings under Federal Rule of Civil Procedure 60(b)(6). The court also held that Feliz had not established equitable tolling because her pursuit of Rule 60(b)(6) relief was not objectively reasonable.

Holdings

1. Section 1367(d)'s tolling period extends through an appeal from the federal judgment to the federal court of appeals, but it does not extend through proceedings on a Rule 60(b)(6) motion or an appeal from denial of that motion.
2. Feliz was not entitled to equitable tolling because she failed to show that her initiation and prosecution of the Rule 60(b)(6) proceedings were objectively reasonable, fair, proper, and sensible under the circumstances.
3. The superior court did not abuse its discretion in denying leave to amend because Feliz did not show that an amendment could render her claims timely.

Questions Presented

1. Whether 28 U.S.C. section 1367(d) tolls the applicable state statutes of limitations through proceedings on a Rule 60(b)(6) motion and appeal from denial of that motion.
2. Whether equitable tolling applies while the plaintiff pursues Rule 60(b)(6) relief from the federal judgment.
3. Whether the superior court abused its discretion by sustaining the demurrer without leave to amend and denying relief under Code of Civil Procedure section 473.

Disposition

affirmed