What is the test for dismissing a motion for failure to state a claim upon which relief can be granted?
MultiRegion, United States of America
The following excerpt is from Pereira v. Fu, No. 2:15-cv-00503-KJM-AC (E.D. Cal. 2015):
Under Federal Rule of Civil Procedure 12(b)(6), a party may move to dismiss a complaint for "failure to state a claim upon which relief can be granted." A court may dismiss "based on the lack of cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory." Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990).
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