Can a party dismiss a complaint for failing to state a claim upon which relief can be granted?
MultiRegion, United States of America
The following excerpt is from Luciano Farms, LLC v. United States, No. 2:13-CV-02116-KJM-AC (E.D. Cal. 2014):
Under Rule 12(b)(6), a party may move to dismiss a complaint for "failure to state a claim upon which relief can be granted . . . ." Dismissal is proper where "based on the lack of cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990) (citation omitted). Although a complaint need contain only "a short and plain statement of the claim
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