Can Rule 12(b)(6) dismissal be based on either a lack of cognizable legal theory or the absence of sufficient facts?
MultiRegion, United States of America
The following excerpt is from Martinez v. Madden, Civil No. 12cv1298 GPC (MDD) (S.D. Cal. 2013):
A Rule 12(b)(6) dismissal may be based on either a "'lack of a cognizable legal theory' or 'the absence of sufficient facts alleged under a cognizable legal theory.'" Johnson v. Riverside Healthcare System, LP, 534 F.3d 1116, 1121-22 (9th Cir. 2008) (quoting Balistreri v. Pacifica
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