How is a Rule 12(b)(6) dismissal reviewed de novo?
MultiRegion, United States of America
The following excerpt is from Travaglia v. Johnston, 42 F.3d 1402 (9th Cir. 1994):
A Rule 12(b)(6) dismissal for failure to state a claim upon which relief may be granted is reviewed de novo. Buckey v. County of Los Angeles, 968 F.2d 791, 794 (9th Cir.), cert. denied, 113 S.Ct. 599, 600 (1992). Review is limited to the complaint's contents, taking the allegations of material facts as true and construing them in the light most favorable to the non-moving party. Id.
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