Can a motion to dismiss be dismissed based on the running of the statute of limitations period?
MultiRegion, United States of America
The following excerpt is from Harris v. Henry, 979 F.2d 854 (9th Cir. 1992):
When a motion to dismiss is based on the running of a statute of limitations period, dismissal can be granted "[o]nly if the assertions of the complaint, read with the required liberality, would not permit the plaintiff to prove that the statute was tolled." Vaughan v. Grijalva, 927 F.2d 476, 478 (9th Cir.1991) (quotations omitted).
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