Joseph Schwartz v. Nicholas Finn

facts to ‘state a claim for relief that is plausible on its face.’” Plaskett v. Wormuth,

18 F.4th 1072, 1083 (9th Cir. 2021) (quoting Hebbe v. Pliler, 627 F.3d 338, 341–

(9th Cir. 2010)).

Under California law, a cause of action accrues “upon the occurrence of the

last element essential to the cause of action.” Apr. Enters., Inc. v. KTTV &

Metromedia, Inc., 195 Cal. Rptr. 421, 432 (Cal. Ct. App. 1983); Magpali v. Farmers

Grp., Inc., 55 Cal. Rptr. 2d 255, 233 (Cal. Ct. App. 1996). “The discovery rule

‘postpones accrual of a cause of action until the plaintiff discovers, or has reason to

discover, the cause of action.’” E-Fab, Inc., 64 Cal. Rptr. 3d at 15 (quoting Norgart,

981 P.2d at 83). To plead the applicability of the discovery rule at the motion to

dismiss stage, the plaintiff must allege: “(1) the time and manner of discovery and

(2) the inability to have made earlier discovery despite reasonable diligence.” Chubb

Custom Ins. Co. v. Space Sys./Loral, Inc., 710 F.3d 946, 975 (9th Cir. 2013) (quoting

Camsi IV v. Hunter Tech. Corp., 282 Cal. Rptr. 80, 86 (Cal. App. 1991)).

The Appellants fail to make this showing. To survive a motion to dismiss,

“plaintiffs must…