Is there a statute of limitations defense at the pleading stage?

MultiRegion, United States of America

The following excerpt is from Johnson v. Altamirano, 418 F.Supp.3d 530 (S.D. Cal. 2019):

A statute of limitations defense may be asserted at the pleading stage through a motion to dismiss. See E-Fab, Inc. v. Accountants, Inc. Servs., 153 Cal. App. 4th 1308, 1315, 64 Cal.Rptr.3d 9 (2007). In order for a statute of limitations bar to be raised at the pleadings stage, " the defect must clearly and affirmatively appear on the face of the complaint; it is not enough that the complaint shows that the action may be barred. " Geneva Towers Ltd. P'ship v. City of San Francisco, 29 Cal. 4th 769, 781, 129 Cal.Rptr.2d 107, 60 P.3d 692 (2003).

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