Is a motion to dismiss pursuant to Rule 12(b)(6) proper?
MultiRegion, United States of America
The following excerpt is from Vallejo v. Allison, Case No. 1:10-cv-02352-AWI-SKO PC (E.D. Cal. 2013):
A motion to dismiss brought pursuant to Rule 12(b)(6) tests the legal sufficiency of a claim, and dismissal is proper if there is a lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory. Conservation Force v. Salazar, 646 F.3d
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