In Amsden v. Godofredo, 1999 Guam 14, the underlying claim arose from a car accident on December 14, 1993, but suit was filed on December 19, 1995 -- five days after the applicable two year statute of limitations period passed. The trial court granted summary judgment in Godofredo's favor. Amsden argued that the statute of limitations was tolled when the defendant left Guam, but did not allege this in his complaint. On appeal, the Supreme Court held that Amsden was required to affirmatively plead facts establishing the tolling exception. In reaching this conclusion, the Guam panel relied heavily on California precedent. Specifically, it cited Ponderosa Homes, Inc. v. City of San Ramon, 23 Cal. App. 4th 1761, 29 Cal. Rptr. 2d 26, 29 (1994), wherein the court stated that "[w]hen a complaint shows on its face or on the basis of judicially noticeable facts that the cause of action is barred by the applicable statute of limitations, the plaintiff must plead facts which show an excuse, tolling, or some other basis for avoiding the statutory bar." The Guam court also stressed that "as early as 1896, the California Supreme Court held that a plaintiff must affirmatively plead that his claim is not barred by the statute of limitations when the pleading on its face appears to be time barred." 1999 Guam 14 15 .