What is the test for a motion to dismiss for failure to state a claim upon which relief can be granted?
MultiRegion, United States of America
The following excerpt is from Rupe v. Beard, No. CV-08-2454-EFS (PC) (E.D. Cal. 2013):
In considering a Rule 12(b)(6) motion to dismiss for failure to state a claim upon which relief can be granted, courts consider only the complaint and must accept as true the well-pled allegations contained in the complaint. Marder v. Lopez, 450 F.3d 445, 448 (9th Cir. 2006). A court may consider evidence that the complaint relies
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