Court of Appeals for the Ninth Circuit October 15, 2003, No. 02-35743; D.C. No. CV-02-00008-DWM (Harkin v. Best)

MEMORANDUM **

1. As of January 11, 1997, the facts underlying Harkin’s malpractice claim had all occurred, and Harkin had “diseover[ed] or through the use of reasonable diligence should have discovered” those facts. Mt. Code Ann. § 27-2-206. Thus, the claim accrued and the statute of limitations began to run on that date, and, unless tolled, the statute expired on January 11, 2000. See Spolar v.