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Legal Memorandum: Dismissal of a Complaint

Issue: What is the standard of review in the Ninth Circuit of a dismissal of a complaint for failure to state a claim?

Area of Law: Litigation & Procedure
Keywords: Dismissal of a complaint; Failure to state a claim
Jurisdiction: Federal
Cited Cases: 223 F. 3d 1020
Cited Statutes: None
Date: 03/01/2004

           The de novo review standard is applied to a dismissal of a complaint for failure to state a claim.  See Seinfeld v. Bartz, 322 F.3d 693 (9th Cir. 2003), cert. denied, 124 S. Ct. 132 (2004).  Under that standard, a court must “take all well pleaded allegations of material fact as true and construe them in the light most favorable to the plaintiff.”  Desaigoudar v. Meyercord, 223 F. 3d 1020, 1021 (9th Cir. 2000).

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