On June 16, 1995, Huntington Park, including police officers, Sanford, Luna, Mongan, and Diers, filed a motion to dismiss Cabrera's complaint contending that the complaint was barred by California's one-year statute of limitations.
See Cal. Civ. Proc. Code § 340.3. According to Huntington Park, the statute of limitations ran for sixteen days in 1992, from August 9 through August 24. Then,
Cal. Gov't Code § 945.3 (West 1995) tolled the statute of limitations from August 25, 1992 through April 27, 1994, while the criminal charge was pending before a court. Thus, the seventeenth day of the one-year period commenced running on April 28, 1994 with the three hundred and sixty-fifth day ending on April 11, 1995. Because Cabrera filed suit on April 12, 1995, his complaint was filed one day late and was barred by the statute of limitations.