The following excerpt is from Hartline v. Nat'l Univ., No. 2:14-cv-0635 KJM AC (PS) (E.D. Cal. 2015):
7. At the hearing, counsel for defendant suggested that discovery may not reveal whether this conduct occurred within or without the statute of limitations. That is no basis for dismissing the claim. If discovery does not provide a definitive answer, the issue will be a contested factual issue that will be for the trier of fact to determine. Cf. Halperin v. Halperin, 750 F.3d 668, 672 (7th Cir. 2014) ("[b]ecause the applicability of the statute of limitations turned on contested facts in this case, the issue was properly submitted to the jury").
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