What is the test for a motion to dismiss for failure to plead a cause of action?
The following excerpt is from Retana v. Apartment, Motel, Hotel & El. Op. U., Loc. No. 14, 453 F.2d 1018 (9th Cir. 1972):
In considering the sufficiency of these allegations, we reiterate the limited role of a motion to dismiss for failure to plead a cause of action. Where, as here, the complaint seeks to allege a justifiable excuse for failure to exhaust contract remedies, general allegations suffice, and the complaint may not be dismissed unless the court is "unable to say beyond a doubt that plaintiffs' allegations . . . are insufficient to excuse their failure to exhaust the grievance provisions of their contract." Waters v. Wisconsin Steel Works, supra, 427 F.2d at 490.
Under this standard, dismissal for insufficient allegations of exhaustion of contract remedies was improper.
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