What is the test for a de novo dismissal of a complaint for failure to state a claim?

MultiRegion, United States of America

The following excerpt is from California Elec. Co. v. Briley, 939 F.2d 790 (9th Cir. 1991):

We review de novo dismissal of a complaint for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, --- U.S. ----, 110 S.Ct. 3217, 110 L.Ed.2d 664 (1990). Because the parties stipulated to the facts, this appeal involves only issues of law.

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