What is the legal test for dismissing a motion for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Head v. Cnty. of Sacramento, No. 2:19-cv-01663-CKD-P (E.D. Cal. 2019):
If the court finds that a complaint should be dismissed for failure to state a claim, the court has discretion to dismiss with or without leave to amend. Lopez v. Smith, 203 F.3d 1122, 1126-30 (9th Cir. 2000) (en banc). Leave to amend should be granted if it appears possible that the defects in the complaint could be corrected, especially if a plaintiff is pro se. Id. at 1130-31; see
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