Defendant, by and through undersigned counsel, respectfully moves this Court to dismiss the Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim upon which relief can be granted.

The statute of limitations for breach of contract claims in California is four years. Cal. Civ. Proc. Code § 337 (1) VERIFIEDCalifornia Code of Civil Procedure Section 337 (1) - Four year limitation for action upon contract, obligation or liability founded upon written instrument. The Plaintiff's claim, filed on March 15, 2025, concerns an alleged breach that occurred on January 10, 2020, more than five years ago.

Furthermore, the Supreme Court has established that dismissal is appropriate when a complaint clearly shows the claim is time-barred. Jones v. Bock, 549 U.S. 199, 215 (2007) VERIFIEDJones v. Bock established that if allegations show relief is barred by statute of limitations, complaint is subject to dismissal. In this case, the Complaint on its face establishes that the alleged breach occurred outside the limitations period.

The Ninth Circuit has consistently held that when the running of the statute of limitations is apparent on the face of the complaint, dismissal under Rule 12(b)(6) is proper. Jablon v. Dean Witter & Co., 614 F.2d 677 (9th Cir. 1980) NEEDS CHECKCitation found but requires verification for the specific quoted proposition. Please verify before filing. Additionally, California courts have affirmed this approach. [Citation Needed] CITATION NEEDEDSpecific California precedent needed. Consider: Adams v. Paul, 11 Cal.4th 583 (1995).

For the foregoing reasons, Defendant respectfully requests that this Court dismiss Plaintiff's Complaint with prejudice.