The following excerpt is from Pena v. Taylor Farms Pac., Inc., No. 2:13-cv-01282-KJM-AC (E.D. Cal. 2013):
In making this context-specific evaluation, this court "must presume all factual allegations of the complaint to be true and draw all reasonable inferences in favor of the nonmoving party." Usher v. City of L.A., 828 F.2d 556, 561 (9th Cir. 1987). This rule does not
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