What is the test for a motion to dismiss a complaint in a personal injury case?
The following excerpt is from Brown v. Cox, No. 2:15-cv-2518-EFB P (E.D. Cal. 2016):
For these reasons, the complaint is dismissed with leave to amend. Plaintiff will be granted leave to file an amended complaint, if he can allege a cognizable legal theory against a proper defendant and sufficient facts in support of that cognizable legal theory. Lopez v. Smith, 203 F.3d 1122, 1126-27 (9th Cir. 2000) (en banc) (district courts must afford pro se litigants an opportunity to amend to correct any deficiency in their complaints). Should plaintiff choose to file an amended complaint, the amended complaint shall clearly set forth the claims and allegations against each defendant. Any amended complaint must cure the deficiencies identified above and also adhere to the following requirements:
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