Can a party raise a statute of limitations argument in a motion to dismiss?
MultiRegion, United States of America
The following excerpt is from Vincent v. PNC Mortg., Inc., No.: 14-cv-00833-KJM-CMK (E.D. Cal. 2014):
Finally, a party may raise a statute of limitations argument in a motion to dismiss if it is apparent from the face of the complaint that the complaint was not timely filed and that plaintiff will be unable to prove facts to establish the timeliness of the claim. Von Saher v. Norton Simon Museum, 592 F.3d 954, 969 (9th Cir. 2010).
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