1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WAYNE GULARTE, et al., Case No. 5:26-cv-01426-PCP
8 Plaintiffs, ORDER GRANTING MOTION TO 9 v. DISMISS
10 WRIGHT NATIONAL FLOOD Re: Dkt. No. 8 INSURANCE COMPANY, 11 Defendant.
12 13 Wayne and Doris Gularte’s property was damaged by flooding between January 17, 2023, 14 and March 23, 2023. They filed claims with their insurer, Wright Flood Insurance, shortly 15 thereafter. Wright covered some of the damage but not all of it and sent plaintiffs an email denying 16 part of the claim on June 18, 2023. On December 30, 2025, plaintiffs filed the instant action in 17 state court against defendant Wright, seeking $12,500 for “structural losses” that “[d]efendant 18 refuses to acknowledge and pay for.”1 Defendant removed the case to federal court and filed a 19 motion to dismiss. For the following reasons, defendant’s motion to dismiss is GRANTED. 20 LEGAL STANDARD 21 The Federal Rules require a complaint to include a “short and plain statement of the claim 22 showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). If the complaint does not do 23 so, the defendant may move to dismiss the complaint. Fed. R. Civ. P. 12(b)(6). Dismissal is 24 required if the plaintiff fails to allege facts allowing the court to “draw the reasonable inference 25 that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 26 27 1 (2009). “Dismissal under Rule 12(b)(6) is appropriate only where the complaint lacks a cognizable 2 legal theory or sufficient facts to support a cognizable legal theory.” Mendiondo v. Centinela 3 Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008). To survive a Rule 12(b)(6) motion, a 4 plaintiff need only plead “enough facts to state a claim to relief that is plausible on its face.” Bell 5 Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). 6 In considering a Rule 12(b)(6) motion, the Court must “accept all factual allegations in the 7 complaint as true and construe the pleadings in the light most favorable” to the non-moving party. 8 Rowe v. Educ. Credit Mgmt. Corp., 559 F.3d 1028, 1029–30 (9th Cir. 2009). While legal 9 conclusions “can provide the [complaint’s] framework,” the Court will not assume they are correct 10 unless adequately “supported by factual allegations.” Iqbal, 556 U.S. at 679. Courts do not “accept 11 as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable 12 inferences.” In re Gilead Scis. Secs. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008) (quoting Sprewell 13 v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001)). 14 Materials outside the complaint can be considered on a Rule 12(b)(6) motion if they are 15 incorporated by reference therein or otherwise judicially noticeable. See United States v. Ritchie, 16 342 F.3d 903, 908 (9th Cir. 2003) (“A [district] court may [ ] consider certain materials— 17 documents attached to the complaint, documents incorporated by reference in the complaint, or 18 matters of judicial notice—without converting the motion to dismiss into a motion for summary 19 judgment.”). The Court may consider documents which are “not physically attached to the 20 complaint” “if the [ ] ‘authenticity ... is not contested’ and ‘the plaintiff's complaint necessarily 21 relies’ on them.” Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001) (quoting Parrino v. 22 FHP, Inc., 146 F.3d 699, 705–06 (9th Cir. 1998)). 23 Because the statute of limitations is generally an affirmative defense rather than an element 24 of the plaintiff’s claim, that defense generally cannot be asserted on a Rule 12(b)(6) motion. A.B. 25 by & Through Turner v. Google LLC, 737 F. Supp. 3d 869, 877 (N.D. Cal. 2024). “If the running 26 of the statute is apparent on the face of the complaint,” however, “the defense may be raised by a 27 motion to dismiss.” Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980). “When a 1 assertions of the complaint, read with the required liberality, would not permit the plaintiff to 2 prove that the statute was tolled” or that the claims were timely. Id. Thus, to survive a motion to 3 dismiss, plaintiffs “simply need to plead facts demonstrating a potential factual dispute that could 4 affect whether the defense applies.” Rabin v. Google LLC, 725 F.Supp.3d 1028, 1031 (N.D. Cal. 5 Mar. 26, 2024). “Only when the plaintiff pleads itself out of court—that is, admits all the 6 ingredients of an impenetrable defense—may a complaint that otherwise states a claim be 7 dismissed under Rule 12(b)(6).” Durnford v. MusclePharm Corp., 907 F.3d 595, 604 (9th Cir. 8 2018). 9 ANALYSIS 10 Wright participates in the United States Government’s National Flood Insurance Program 11 (NFIP), which allows it to issue Standard Flood Insurance Policies (SFIPs) on behalf of the federal 12 government. It submits several exhibits along with its motion, including a document confirming 13 coverage of plaintiffs’ property under the NFIP, the terms of an SFIP, and a copy of the denial 14 letter sent to plaintiffs. Because plaintiffs’ complaint alleges an unlawful denial of their insurance 15 claim, it necessarily relies on the terms of the policy and the insurer’s denial letter. See Mudpie, 16 Inc. v. Travelers Cas. Ins. Co. of Am., 487 F. Supp. 3d 834, 838 (N.D. Cal. 2020), aff’d, 15 F.4th 17 885 (9th Cir. 2021). The documents are therefore incorporated by reference and may be 18 considered by the Court for the purpose of the motion to dismiss. 19 Plaintiffs failed to file an opposition brief. Some courts in this district consider that failure 20 dispositive, while others decline to deem it sufficient ground for dismissal. Johnson v. Meta 21 Platforms, Inc., No. 22-CV-05691-BLF, 2023 WL 5021784, at *3 (N.D. Cal. Aug. 4, 2023). But 22 even if the Court were to conclude that plaintiffs did not waive their right to oppose the motion by 23 failing to file an opposition, they still fail to state a plausible claim to relief. If an insurer denies a 24 claim, SFIP policyholders must file any action within one year of the mailing of the notice of 25 disallowance. Wagner v. Dir., Fed. Emergency Mgmt. Agency, 847 F.2d 515, 517 (9th Cir. 1988) 26 (citing 42 U.S.C. § 4072). The record before the Court at this time demonstrates that plaintiffs 27 filed the instant action over a year and a half after their claim was denied. And the complaint ] filing their lawsuit within one year of the denial.” Their claim is therefore time-barred. 2 || Defendant’s motion to dismiss is GRANTED.
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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 WAYNE GULARTE, et al., Case No. 5:26-cv-01426-PCP
8 Plaintiffs, ORDER GRANTING MOTION TO 9 v. DISMISS
10 WRIGHT NATIONAL FLOOD Re: Dkt. No. 8 INSURANCE COMPANY, 11 Defendant.
12 13 Wayne and Doris Gularte’s property was damaged by flooding between January 17, 2023, 14 and March 23, 2023. They filed claims with their insurer, Wright Flood Insurance, shortly 15 thereafter. Wright covered some of the damage but not all of it and sent plaintiffs an email denying 16 part of the claim on June 18, 2023. On December 30, 2025, plaintiffs filed the instant action in 17 state court against defendant Wright, seeking $12,500 for “structural losses” that “[d]efendant 18 refuses to acknowledge and pay for.”1 Defendant removed the case to federal court and filed a 19 motion to dismiss. For the following reasons, defendant’s motion to dismiss is GRANTED. 20 LEGAL STANDARD 21 The Federal Rules require a complaint to include a “short and plain statement of the claim 22 showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). If the complaint does not do 23 so, the defendant may move to dismiss the complaint. Fed. R. Civ. P. 12(b)(6). Dismissal is 24 required if the plaintiff fails to allege facts allowing the court to “draw the reasonable inference 25 that the defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556 U.S. 662, 678 26 27 1 (2009). “Dismissal under Rule 12(b)(6) is appropriate only where the complaint lacks a cognizable 2 legal theory or sufficient facts to support a cognizable legal theory.” Mendiondo v. Centinela 3 Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008). To survive a Rule 12(b)(6) motion, a 4 plaintiff need only plead “enough facts to state a claim to relief that is plausible on its face.” Bell 5 Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). 6 In considering a Rule 12(b)(6) motion, the Court must “accept all factual allegations in the 7 complaint as true and construe the pleadings in the light most favorable” to the non-moving party. 8 Rowe v. Educ. Credit Mgmt. Corp., 559 F.3d 1028, 1029–30 (9th Cir. 2009). While legal 9 conclusions “can provide the [complaint’s] framework,” the Court will not assume they are correct 10 unless adequately “supported by factual allegations.” Iqbal, 556 U.S. at 679. Courts do not “accept 11 as true allegations that are merely conclusory, unwarranted deductions of fact, or unreasonable 12 inferences.” In re Gilead Scis. Secs. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008) (quoting Sprewell 13 v. Golden State Warriors, 266 F.3d 979, 988 (9th Cir. 2001)). 14 Materials outside the complaint can be considered on a Rule 12(b)(6) motion if they are 15 incorporated by reference therein or otherwise judicially noticeable. See United States v. Ritchie, 16 342 F.3d 903, 908 (9th Cir. 2003) (“A [district] court may [ ] consider certain materials— 17 documents attached to the complaint, documents incorporated by reference in the complaint, or 18 matters of judicial notice—without converting the motion to dismiss into a motion for summary 19 judgment.”). The Court may consider documents which are “not physically attached to the 20 complaint” “if the [ ] ‘authenticity ... is not contested’ and ‘the plaintiff's complaint necessarily 21 relies’ on them.” Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001) (quoting Parrino v. 22 FHP, Inc., 146 F.3d 699, 705–06 (9th Cir. 1998)). 23 Because the statute of limitations is generally an affirmative defense rather than an element 24 of the plaintiff’s claim, that defense generally cannot be asserted on a Rule 12(b)(6) motion. A.B. 25 by & Through Turner v. Google LLC, 737 F. Supp. 3d 869, 877 (N.D. Cal. 2024). “If the running 26 of the statute is apparent on the face of the complaint,” however, “the defense may be raised by a 27 motion to dismiss.” Jablon v. Dean Witter & Co., 614 F.2d 677, 682 (9th Cir. 1980). “When a 1 assertions of the complaint, read with the required liberality, would not permit the plaintiff to 2 prove that the statute was tolled” or that the claims were timely. Id. Thus, to survive a motion to 3 dismiss, plaintiffs “simply need to plead facts demonstrating a potential factual dispute that could 4 affect whether the defense applies.” Rabin v. Google LLC, 725 F.Supp.3d 1028, 1031 (N.D. Cal. 5 Mar. 26, 2024). “Only when the plaintiff pleads itself out of court—that is, admits all the 6 ingredients of an impenetrable defense—may a complaint that otherwise states a claim be 7 dismissed under Rule 12(b)(6).” Durnford v. MusclePharm Corp., 907 F.3d 595, 604 (9th Cir. 8 2018). 9 ANALYSIS 10 Wright participates in the United States Government’s National Flood Insurance Program 11 (NFIP), which allows it to issue Standard Flood Insurance Policies (SFIPs) on behalf of the federal 12 government. It submits several exhibits along with its motion, including a document confirming 13 coverage of plaintiffs’ property under the NFIP, the terms of an SFIP, and a copy of the denial 14 letter sent to plaintiffs. Because plaintiffs’ complaint alleges an unlawful denial of their insurance 15 claim, it necessarily relies on the terms of the policy and the insurer’s denial letter. See Mudpie, 16 Inc. v. Travelers Cas. Ins. Co. of Am., 487 F. Supp. 3d 834, 838 (N.D. Cal. 2020), aff’d, 15 F.4th 17 885 (9th Cir. 2021). The documents are therefore incorporated by reference and may be 18 considered by the Court for the purpose of the motion to dismiss. 19 Plaintiffs failed to file an opposition brief. Some courts in this district consider that failure 20 dispositive, while others decline to deem it sufficient ground for dismissal. Johnson v. Meta 21 Platforms, Inc., No. 22-CV-05691-BLF, 2023 WL 5021784, at *3 (N.D. Cal. Aug. 4, 2023). But 22 even if the Court were to conclude that plaintiffs did not waive their right to oppose the motion by 23 failing to file an opposition, they still fail to state a plausible claim to relief. If an insurer denies a 24 claim, SFIP policyholders must file any action within one year of the mailing of the notice of 25 disallowance. Wagner v. Dir., Fed. Emergency Mgmt. Agency, 847 F.2d 515, 517 (9th Cir. 1988) 26 (citing 42 U.S.C. § 4072). The record before the Court at this time demonstrates that plaintiffs 27 filed the instant action over a year and a half after their claim was denied. And the complaint ] filing their lawsuit within one year of the denial.” Their claim is therefore time-barred. 2 || Defendant’s motion to dismiss is GRANTED. Dismissal is without prejudice and with leave to 3 amend. Any amended complaint must be filed within 35 days of this order. 4 5 IT IS SO ORDERED. 6 Dated: June 15, 2026 7 8 hag bm P. Casey Pi 9 United States District Judge 10 1] a 12
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Z 18 19 20 21 22 23 24 2 Plaintiffs could allege that the statute of limitations was tolled, for example, by showing that the 26 || insurance administrator set aside a previous disallowance of a claim, or that there was a genuine issue of fact as to whether their claim was actually denied, or perhaps that their cause of action lies 97 || ina separate state law tort subject to a different statute of limitations. See Wagner v. Dir., Fed. Emergency Mgmt. Agency, 847 F.2d 515, 521 (9th Cir. 1988); Riverdale Mills Corp. v. Am. Mod. 9g || Home Ins. Co., 122 F. Supp. 2d 114, 120 (D. Mass. 2000); Cohen v. State Farm Fire & Cas., 68 F. Supp. 2d 1151, 1158 (C.D. Cal. 1999).