Sylvia J. Manor v. United of Omaha Life Insurance Company

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

SYLVIA J. MANOR,

Plaintiff-Appellant,

v.

UNITED OF OMAHA LIFE INSURANCE
COMPANY,

Defendant-Appellee.

No. 19-17346

D.C. No. 3:19-cv-02360-RS

MEMORANDUM
*

Appeal from the United States District Court
for the Northern District of California
Richard Seeborg, District Judge, Presiding

Submitted October 26, 2020
**

Before: McKEOWN, RAWLINSON, and FRIEDLAND, Circuit Judges.

Sylvia J. Manor appeals pro se from the district court’s judgment dismissing
her diversity action alleging breach of contract and fraud claims. We have
jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal on the basis
of the applicable statute of limitations. Huynh v. Chase Manhattan Bank, 465 F.3d

*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.

**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED

OCT 29 2020

MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

2 19-17346
992, 996 (9th Cir. 2006). We affirm.
The district court properly dismissed Manor’s action as time-barred because
Manor failed to file her action within the applicable statutes of limitations. See
Cal. Civ. Proc. Code § 337(a) (four-year statute of limitations for breach of written
contract cause of action), § 338(d) (three-year statute of limitations for fraud cause
of action); Fox v. Ethicon Endo-Surgery, Inc., 110 P.3d 914, 917 (Cal. 2005)
(under the delayed discovery rule, cause of action accrues and statute of limitations
begins to run “when the plaintiff has reason to suspect an injury and some
wrongful cause, unless the plaintiff pleads and proves that a reasonable
investigation at that time would not have revealed a factual basis for [the] cause of
action”).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
AFFIRMED.