What is the test for dismissing a complaint for failure to state a claim upon which relief can be granted?
MultiRegion, United States of America
The following excerpt is from Dayton v. City of Fairfield, No. 2:17-cv-01898-KJM-KJN PS (E.D. Cal. 2018):
"[I]f a complaint is dismissed for failure to state a claim upon which relief can be granted, leave to amend may be denied . . . if amendment of the complaint would be futile . . . [or if] the 'allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency.'" Albrecht v. Lund, 845 F.2d 193, 195 (9th Cir.), amended, 856 F.2d 111 (9th Cir. 1988) (internal citations omitted).
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