What is the test for a motion to dismiss pursuant to Rule 12(b)(6)?
MultiRegion, United States of America
The following excerpt is from Williams v. Phillips, CASE NO. 1:11-cv-00456-GBC PC (E.D. Cal. 2012):
A motion to dismiss brought pursuant to Rule 12(b)(6) tests the legal sufficiency of a claim and dismissal is proper if there is a lack of a cognizable legal theory or the absence of sufficient facts alleged under a cognizable legal theory. Conservation Force v. Salazar, 646 F.3d 1240, 1241-42 (9th Cir. 2011) (quotation marks and citations omitted).
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