Guerrero

ORDER REGARDING MOTION TO DISMISS

On August 28, at 10:00 a.m. in Courtroom 10 of the Federal Court of the Central District of California, the Honorable William J. Rea, Judge presiding, Defendant Bernard Parks’ Motion to Dismiss came on for hearing before this Court. Stephen Yagman, Katherine Kates, and Mitchell Kamin appeared on behalf of Plaintiff. L. Trevor Grimm and Wendy Shapero appeared on behalf of Parks.

I. Legal Standard

Pursuant to Federal Rule of Civil Procedure 12(b)(6), a party may bring a motion to dismiss a plaintiffs claims if the plaintiffs allegations “fail to state a claim upon which relief can be granted.” Fed.R.Civ.P. 12(b)(6). Generally, “[a] complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46 , 78 S.Ct. 99 , 2 L.Ed.2d 80 (1957). Thus, dismissal is proper where the complaint lacks either a cognizable legal theory or sufficient facts to support a cognizable legal theory. See Balistreri v. Pacifica Police Dep’t, 901…