What is the test for a de novo dismissal for failure to state a claim?
MultiRegion, United States of America
The following excerpt is from Soltysik v. Padilla, 910 F.3d 438 (9th Cir. 2018):
We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Carlin v. DairyAmerica, Inc. , 705 F.3d 856, 866 (9th Cir. 2013). We "accept the plaintiffs allegations as true and construe them in the light most favorable to plaintiffs" and will reverse unless the complaint fails to "state a claim to relief that is plausible on its face." Id. at 86667 (citations omitted).
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