What is the test for a motion to dismiss a complaint for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from De La Cruz v. Tormey, 582 F.2d 45 (9th Cir. 1978):
In appraising the sufficiency of the complaint we follow, of course, the accepted rule that a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.
Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957) (footnote omitted).
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