When determining the sufficiency of a claim, what is the test for a motion to dismiss?
The following excerpt is from PNC Equip. Fin., LLC v. California Fairs Fin. Auth., 2:11-cv-02019-GEB-CKD (E.D. Cal. 2012):
When determining the sufficiency of a claim, "[w]e accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the non-moving party[; however, this tenet does not apply to] . . . legal conclusions . . . cast in the form of factual allegations." Fayer v. Vaughn, 649 F.3d 1061, 1064 (9th Cir. 2011) (citation and internal quotation marks omitted). "Therefore, conclusory allegations of law and unwarranted inferences are insufficient to defeat a motion to dismiss." Id. (citation and internal
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