How does a motion to dismiss for failure to state a claim test the legal sufficiency of the complaint?
MultiRegion, United States of America
The following excerpt is from Osher v. Jni Corp., 256 F.Supp.2d 1144 (S.D. Cal. 2003):
A motion to dismiss for failure to state a claim tests the legal sufficiency of the complaint. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir.2001). In ruling on a motion to dismiss, the court must take the complaint's allegations as true and draw all reasonable inferences in plaintiffs' favor. See id. Dismissal is appropriate only if there is no cognizable legal theory or if the complaint fails to allege sufficient facts to support a cognizable legal theory. See id.
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