context: The district court properly granted summary judgment for defendants. Klein-hammer failed to raise a genuine issue of material fact as to whether or not defendants had notice that he intended to pursue his claims and whether or not his conduct was reasonable during the applicable period.
citation_a.signal: see also
citation_a.identifier: 5 F.3d 391, 395
citation_a.parenthetical: the burden to plead facts which would give rise to equitable tolling falls upon the plaintiff
citation_a.sentence: See Fink v. Shedler, 192 F.3d 911, 916 (9th Cir.1999) (“Under California law, a plaintiff must meet three conditions to equitably toll a statute of limitations: (1) defendant must have had timely notice of the claim; (2) defendant must not be prejudiced by being required to defend the otherwise barred claim; and (3) plaintiffs conduct must have been reasonable and in good faith.”) (citation and internal quotation marks omitted); see also Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (the burden to plead facts which would give rise to equitable tolling falls upon the plaintiff); Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365, 374 (9th Cir.1998) (on summary judgment plaintiff bears burden of presenting evidence to support complaint’s allegations).
citation_b.signal: see
citation_b.identifier: 192 F.3d 911, 916
citation_b.parenthetical: "Under California law, a plaintiff must meet three conditions to equitably toll a statute of limitations: (1
citation_b.sentence: See Fink v. Shedler, 192 F.3d 911, 916 (9th Cir.1999) (“Under California law, a plaintiff must meet three conditions to equitably toll a statute of limitations: (1) defendant must have had timely notice of the claim; (2) defendant must not be prejudiced by being required to defend the otherwise barred claim; and (3) plaintiffs conduct must have been reasonable and in good faith.”) (citation and internal quotation marks omitted); see also Hinton v. Pac. Enters., 5 F.3d 391, 395 (9th Cir.1993) (the burden to plead facts which would give rise to equitable tolling falls upon the plaintiff); Moreland v. Las Vegas Metro. Police Dep’t, 159 F.3d 365, 374 (9th Cir.1998) (on summary judgment plaintiff bears burden of presenting evidence to support complaint’s allegations).