Jerry Czajkowski Lonia Czajkowski v. Peter Jovanovich Harcourt Brace, Jovanovich, Inc.

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jerry CZAJKOWSKI; Lonia Czajkowski, Plaintiffs-Appellants, v. Peter JOVANOVICH; Harcourt Brace, Jovanovich, Inc., Defendants-Appellees. No. 92-55787. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 3, 1994. Decided June 8, 1994. Before: BROWNING and FLETCHER, Circuit Judges, and FITZGERALD, * Senior District Judge. MEMORANDUM ** Jerry and Lonia Czajkowski appeal pro se the district court's order dismissing their action pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 and we vacate and remand. I. We review de novo the district court's dismissal of the Czajkowski's action. See Blake v. Dierdorff, 856 F.2d 1365, 1368 (9th Cir.1988). We accept all material allegations in the complaint as true and resolve all doubts in favor of the plaintiff. See id. "Dismissal is appropriate only if the…