Valley Colour, Inc. v. Beuchert Builders, Inc.

HOWE, Justice:

Plaintiff Valley Colour, Inc., appeals from an order of the trial court dismissing its complaint for failure to state a claim upon which relief may be granted, Utah R. Civ. P. 12(b)(6), on the basis that Valley Colour’s causes of action were time-barred by Utah Code Ann. § 78-12-25.5(3) (1996). Plaintiff seeks reversal of the order and a remand of the case for further proceedings.

I. FACTS

Before reciting the facts, we note that when “determining whether a trial court properly dismissed an action under rule 12(b)(6), we assume that the factual allegations in the complaint are true…