Is a motion to dismiss for failure to state a claim proper?
The following excerpt is from Pac. Coast Fed'n of Fishermen's Ass'ns v. U.S. Dep't of the Interior, 1:12-CV-01303-LJO-MJS (E.D. Cal. 2013):
Dismissal under Rule 12(b)(6) is proper where there is either a "lack of a cognizable legal theory" or "the absence of sufficient facts alleged under a cognizable legal theory." Balisteri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir. 1990). In considering a motion to dismiss for failure to state a claim, the court generally accepts as true the allegations in the complaint, construes the pleading in the light most favorable to the party opposing the motion, and resolves all doubts in the pleader's favor.
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