On a Rule 12(b)(6) motion, what is the plausibility standard?

MultiRegion, United States of America

The following excerpt is from Wilkerson v. Fujinaka Props., LP, No. 2:19-cv-02381 WBS CKD (E.D. Cal. 2020):

On a Rule 12(b)(6) motion, the inquiry before the court is whether, accepting the allegations in the complaint as true and drawing all reasonable inferences in the plaintiff's favor, the plaintiff has stated a claim to relief that is plausible on its face. See Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.

III. Discussion

Page 4

A. Federal Fair Housing Act Claim (Count 1)

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