United States Ninth Circuit

In an action against San Francisco, its Municipal Transportation Agency (MUNI), and various individual defendants for race and national origin discrimination based on claims defendants gave preferential hiring treatment to Asian workers, grant of defendants' Rule 12(b)(6) motion to dismiss on statute of limitations grounds is affirmed where: 1) the cause of action accrued and the statute of limitations began to run when plaintiffs received notice they would not be hired; and 2) equitable estoppel did not prevent defendants from asserting the statute of limitations defense.

Appellate Information

• Argued 05/13/2008
• Decided 08/07/2008
• Published 08/07/2008

Judges

• HAWKINS, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN, HAWKINS, and M. MARGARET McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Edith J. Benay, San Francisco, CA, for the plaintiffs-appellants.


• For Appellees:
  
• Jonathan C. Rolnick, City of San Francisco, San Francisco, CA, for the defendants-appellees.