What is a motion to dismiss when the complaint fails to state a claim?
MultiRegion, United States of America
The following excerpt is from Gallardo v. Hanford Joint Union Sch. Dist., 1:12-cv-01612 GSA (E.D. Cal. 2014):
Under Federal Rule of Civil Procedure 12(b)(6), a motion to dismiss may be made and granted when the complaint fails "to state a claim upon which relief can be granted." Dismissal under Rule 12(b)(6) is appropriate where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory. Balistreri v. Pacifica Police Dep't, 901 F.2d
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696, 699 (9th Cir. 1990).
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