John D. v. Regents of the University of California
John D. v. Regents of the University of California
Opinion of the Court
MEMORANDUM
1. The district court improperly granted the motion to dismiss for failure to state
2. As alternate grounds for affirmance, appellees urge, as they did below, that appellants’ claim is time-barred. However, we cannot affirm on such grounds at this stage of the pleadings. See Supermail Cargo, Inc. v. United States, 68 F.3d 1204, 1207 (9th Cir. 1995) (“[A] complaint cannot be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts that would establish the timeliness of the claim.”).
REVERSED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.