What is the test for a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6)?
MultiRegion, United States of America
The following excerpt is from Silvas v. E*Trade Mortg. Corp., 514 F.3d 1001 (9th Cir. 2008):
We review de novo a district court's decision to dismiss for failure to state a claim pursuant to Rule 12(b)(6). Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). All allegations of material fact are taken as true and construed in the light most favorable to the nonmoving party. Id. A complaint must not be dismissed
[514 F.3d 1004]
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