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BETZ v. TRAINER WORTHAM & CO., INC.

No. 05-15704.

504 F.3d 1017 (2007)

Heide BETZ, Plaintiff-Appellant, v. TRAINER WORTHAM & COMPANY, INC.; David P. Como; First Republic Bank, a Nevada corporation; Robert Vile, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 4, 2007.

Attorney(s) appearing for the Case

Joseph M. Alioto, San Francisco, CA, Theodore F. Schwartz, St. Louis, MO, and Myron Moskovitz, Berkeley, CA, for the plaintiff-appellant.

Sara B. Brody and Alexander M.R. Lyon, Heller Ehrman, LLP, San Francisco, CA, for the defendants-appellees.

Before: JOHN T. NOONAN, JR., RONALD M. GOULD, and JOHNNIE B. RAWLINSON, Circuit Judges.

GOULD, Circuit Judge:

We must decide whether Heide Betz's federal securities fraud claim is barred by the statute of limitations.1 We hold that there is a genuine issue of material fact whether Betz's claim is time barred, and we reverse the district court's summary judgment for the defendants.

I

On an appeal of summary judgment we, like the district court, view the evidence in the light most favorable to the non-moving...

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