What is the test for dismissing a Complaint as a matter of law?

MultiRegion, United States of America

The following excerpt is from Dubrin v. Bonilla, Case No.: 1:11-cv-01484 AWI JLT (PC) (E.D. Cal. 2012):

complaint may be dismissed as a matter of law for two reasons: (1) lack of a cognizable legal theory, or (2) insufficient facts under a cognizable theory. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).

Other Questions


What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
When a court dismisses a complaint on the grounds that it fails to state a claim, and then grants leave to amend the complaint, does this constitute a strike? (MultiRegion, United States of America)
When will a court dismiss a complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for dismissing a complaint for lack of subject matter jurisdiction? (MultiRegion, United States of America)
What is the test for dismissing a motion to dismiss the complaint as "frivolous or malicious"? (MultiRegion, United States of America)
Does a motion to dismiss a pro se complaint containing only conclusory, vague or general allegations of conspiracy to deprive a person of their constitutional rights withstand dismissal? (MultiRegion, United States of America)
What is the test for dismissing a state's motion to dismiss a federal complaint? (MultiRegion, United States of America)
What is the test for a motion to dismiss an order dismissing the third claim of the complaint? (MultiRegion, United States of America)
When reviewing the dismissal of a complaint for lack of subject matter jurisdiction, how do we review the factual findings and legal conclusions de novo? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.