TREASURY SOLUTIONS HOLDINGS, INC., a Georgia corporation; v. UPROMISE, INC., a Delaware corporation;

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
TREASURY SOLUTIONS HOLDINGS,
INC., a Georgia corporation; et al.,
Plaintiffs - Appellants,
v.
UPROMISE, INC., a Delaware
corporation; et al.,
Defendants - Appellees,
And
JOHN DOES, 1 through 10, individuals; et
al.,
Defendants.
No. 12-15239
D.C. No. 3:10-cv-00031-ECR-
WGC
MEMORANDUM*
Appeal from the United States District Court
for the District of Nevada
Edward C. Reed, Jr., Senior District Judge, Presiding
Argued and submitted March 11, 2014
San Francisco, California
FILED
MAR 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* This disposition is not appropriate for publication and is not precedent
except as provided by 9 th Cir. R. 36-3.

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Before: FARRIS, REINHARDT, and TASHIMA, Circuit Judges.
This case arises from the alleged tortious interference with a contract to
provide management services for Nevada’s college savings plan. The district court
dismissed the complaint for failure to state a claim, relying solely on the ground
that the claim was barred by the relevant statute of limitations (although the court
mentioned other pleading deficiencies upon which it did not rely). This court has
jurisdiction pursuant to 28 U.S.C. § 1291 as the review of a final judgment of a
district court. A dismissal under Rule 12(b)(6) is reviewed de novo. Cook v.
Brewer, 637 F.3d 1002, 1004 (9th Cir. 2011). We REVERSE.
The claim is not barred by the statute of limitations. Nevada has a “general
rule” that applies in all cases unless otherwise specified: “a cause of action accrues
when the wrong occurs and a party sustains injuries for which relief could be
sought.” Petersen v. Bruen, 792 P.2d 18, 20 (Nev. 1990); see also Orr v. Bank of
Am., NT & SA, 285 F.3d 764, 780 (9th Cir. 2002) (applying Nevada law). In this
case, the alleged “wrong” occurred when the intentional interference took place
(the Ferko email of 10/26/06), but no injuries were sustained by the Plaintiffs until
the contract was breached when Nevada failed to pay fees due to Treasury
Solutions on some unspecified date in January 2007. The claim therefore must
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have accrued at some time within three years of December 28, 2009, the date the
complaint was filed, at which point the statute of limitations had not yet run.
REVERSED.
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