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Bunnell v. Department of Corrections6/22/1998
statutes). (See 19 Wright, Miller & Cooper, Federal Practice and Procedure (1996) § 4519, p. 597.) The cited cases thus are inapplicable where a federal statute expressly provides a limitations period for the federal claim. Indeed, Johnson v. City of Chico, supra, 725 F.Supp. 1097, stated: "Where Congress has provided a statute of limitations, it governs a federal claim. In the absence of a congressionally determined limitations period, federal courts adopt and apply local statutes applied to like causes of action by the state courts. [Citations.]" (Id. at p. 1098.)
Where there is no specifically stated or otherwise relevant federal statute of limitations for a federal substantive claim created by Congress, "`the controlling period would ordinarily be the most appropriate one provided by state law ' this `borrowing' logically included rules of tolling: [unless they are] `inconsistent' with federal law." (Board of Regents v. Tomanio, supra, 446 U.S. at p. 485 [64 L.Ed.2d at p. 448], [applied New York limitations period and tolling provision to federal civil rights claim under 42 U.S.C. § 1981]; but see, Wilson v. Garcia, supra, 471 U.S. 261 [85 L.Ed.2d 254] [consistent with federal interest in uniformity, federal law governs characterization of 42 U.S.C. § 1983 actions as personal injury claims for statute of limitations purposes, while state law governs length of limitations period]; Williams v. Horvath, supra, 16 Cal.3d at p. 838 [claim provision of Gov. Code, § 911.2 is inoperative in 42 U.S.C. § 1983 action].)
Where federal claims are governed by state statutes of limitations, state tolling provisions also apply, as long as they are not inconsistent with the purpose of the federal legislation. (Hardin v. Straub (1989) 490 U.S. 536 [104 L.Ed.2d 582] [federal court applying state statute of limitations to state prisoner's civil rights action under 42 U.S.C. § 1983 was required to apply state statute tolling limitation period for prisoners]; City of Huntington Park v. Superior Court (1995) 34 Cal.App.4th 1293 [state tolling provision for minors applied to 42 U.S.C. § 1983 action]; Harding v. Galceran (9th Cir. 1989) 889 F.2d 906 [discussing application of Gov. Code, § 945.3 in 42 U.S.C. action]; Leigh v. McGuire (S.D.N.Y. 1981) 507 F.Supp. 458 [no tolling of 42 U.S.C. § 1983 action (based on unlawful wiretap) during pendency of state criminal proceedings].)
"The federal courts have expressed a general willingness to borrow states' tolling and savings provisions in the past, but only when the federal cause of action asserted is governed by a state statute of limitations, i.e., in civil rights actions brought under 42 U.S.C. §§ 1981-1988. [Citations.] When the timeliness of a federal cause of action is measured by a state statute of limitations, it only makes sense to apply the state's tolling and savings provisions, for they are interrelated. [Citations.] The same cannot be said when the federal claim in question is governed by a federal statute of limitations . . . ." (Beck v. Caterpillar Inc. (7th Cir. 1995) 50 F.3d 405, 406-407 [tolling provision of state savings statute (giving plaintiff one year to refile after nonmerit dismissal of action) did not apply so as to toll federal statute of limitations on Labor Management Relations Act lawsuit which had been timely filed, voluntarily dismissed, and refiled a year later].)
Thus, in this case, where there is an applicable federal statute of limitations, the California tolling provision in Government Code section 945.3 does not apply.
Plaintiff cites no federal statutory tolling provision which would apply here. Nor does plaintiff argue applicability of any federal equitable tolling doctrine. We neverth
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