Zhang

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JINJU ZHANG, Case No. 23-cv-05818-VC

Plaintiff,

ORDER REGARDING MOTIONS TO

v. DISMISS COMPLAINT, MOTION TO

DISMISS COUNTERCLAIM, MOTION

BENLIN YUAN, et al., TO STRIKE, MOTION FOR

DISCOVERY, AND MOTION FOR

Defendants. SUMMARY JUDGMENT

Re: Dkt. Nos. 76, 78, 80, 82, 83, 89, 99, 100

1. The motions to dismiss are granted. The claims against Asiacom Americas are time- barred. Under California law, in fraud cases, the statute of limitations begins to run when the plaintiff has reason to suspect that “a type of wrongdoing has injured them,” even if they do not know the identity of the person who harmed them or the exact mechanism by which they were injured. Fox v. Ethicon Endo-Surgery, Inc., 35 Cal. 4th 797, 807 (2005); see also Bernson v. Browning-Ferris Industries, 7 Cal. 4th 926, 931–33 (1994); Kline v. Turner, 87 Cal. App. 4th 1369, 1373–76 (2001). Zhang’s state court complaint shows that he suspected that he had been injured by wrongdoing by December 2018, when he hired an attorney to investigate Camiwell US’s finances—and at the absolute latest…