What is the test for a motion to dismiss a Complaint?

MultiRegion, United States of America

The following excerpt is from Zambrano v. Carmax Auto Superstores, LLC, Civil No. 13cv2107-WQH-WMC (S.D. Cal. 2014):

mere conclusory statements, do not suffice." Id. (citation omitted). "When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id. at 679. "In sum, for a complaint to survive a motion to dismiss, the non-conclusory factual content, and reasonable inferences from that content, must be plausibly suggestive of a claim entitling the plaintiff to relief." Moss v. U.S. Secret Service, 572 F.3d 962, 969 (9th Cir. 2009) (quotations omitted).

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