Opinion
Master File 00 Civ. 2843 (LAK).
January 13, 2005
PRETRIAL ORDER NO. 342 (Motions for Judgment on the Pleadings on Limitations Grounds in Certain California Cases)
Defendant's motion for judgment on the pleadings dismissing this actions on the ground that they are barred by California's one year statute of limitations [00 Civ. 2843 docket item 2656] is granted, substantially for the reasons set forth in defendant's memorandum of law. Plaintiffs' contention that timeliness always is a question of fact is frivolous. The complaint does not adequately allege any basis for equitable tolling or facts sufficient to demonstrate timeliness under the discovery rule, even assuming it applies. Nevertheless, in view of the fact that this plaintiffs were compelled to adopt a master complaint in the California state courts and thus had no opportunity to allege individual facts pertinent to the limitations issue, the actions are dismissed with leave to file a consolidated amended complaint in these cases no later than January 27, 2005. The consolidated amended complaint must be identical in all material respects with the master complaint already governing these cases save that it may allege such facts as plaintiffs wish with respect to the timeliness of their actions.
SO ORDERED.