Chiaramonte v. Santa Cruz Big Trees & Pacific Railway Co.
Chiaramonte v. Santa Cruz Big Trees & Pacific Railway Co.
Opinion of the Court
MEMORANDUM
“Equitable tolling may be applied if, despite all due diligence, a plaintiff is unable to obtain vital information bearing on the existence of his claim.” Santa Maria v. Pacific Bell, 202 F.3d 1170, 1178 (9th Cir.
Chiaramonte also argues that his employer, Santa Cruz Big Trees & Pacific Railway Co. (“SCBT”), should be equitably estopped from asserting the statute of limitations against him because SCBT helped him to receive California workers’ compensation but did not inform him of his potential FELA claim. The equitable estoppel analysis “focuses primarily on the actions taken by the defendant in preventing a plaintiff from filing suit.” Santa Maria, 202 F.3d at 1176. In order to assert equitable estoppel, the plaintiff must demonstrate both actual and reasonable reliance on the defendant’s conduct or representations. Id. It was unreasonable for Chiaramonte to assume that SCBT’s assistance with obtaining workers’ compensation indicated that no federal remedies were available. See Huseman, 471 F.3d at 1123-24 (finding same).
Accordingly, we AFFIRM.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.