Timboe

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TODD TIMBOE, Case No. 3:20-cv-08719-WHO

Plaintiff,

ORDER ON MOTION TO DISMISS

v. 9 Re: Dkt. No. 53 WESLEY CLARK, et al., Defendants.

12 Plaintiff Todd Timboe alleges that the defendants in this suit fraudulently induced him into a short-term, high-payout loan on a troubled hotel project. The defendants move to dismiss, arguing that Timboe’s claims are barred by statutes of limitations and are inadequately pleaded. The motion to dismiss is granted because, as currently pleaded, the claims are time-barred. Timboe has leave to amend most of the claims so that he can adequately plead tolling or delayed accrual under various doctrines. The dismissal is with prejudice on two claims under the California Corporations Code. If any defendants move to dismiss the amended complaint, they must again coordinate to file a consolidated motion. The parties may submit a stipulation and proposed order on an extended timeline to brief that motion if they wish. …