Can a motion to dismiss when a complaint fails to state a claim upon which relief can be granted?
MultiRegion, United States of America
The following excerpt is from U.S. v. Vacante, 105 A.F.T.R.2d 2010, 717 F.Supp.2d 992 (E.D. Cal. 2010):
Under Federal Rule of Civil Procedure 12(b)(6), a motion to dismiss can be made and granted when the complaint fails "to state a claim upon which relief can be granted." Dismissal under Rule 12(b)(6) is appropriate where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir.1988).
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