Is Rule 12(b)(6) dismissal based on either a Tack or a cognizable legal theory?
MultiRegion, United States of America
The following excerpt is from Estate of Wilson v. Cnty. of San Diego, Case No. 20-cv-457-BAS-DEB (S.D. Cal. 2020):
Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A Rule 12(b)(6) dismissal may be based on either a Tack of a cognizable legal theory' or 'the absence of sufficient facts alleged under a cognizable legal theory.'" Johnson v. Riverside Healthcare Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008) (quoting Balistreri v. Pacifica Police Dep't, 901 F.2d 696, 699 (9th Cir. 1990)).
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