Shann

*1046 ORDER GRANTING DEFENDANT DURHAM SCHOOL SERVICES, L.P.’S MOTION TO DISMISS

Before the Court is Defendant’s Motion to Dismiss, which was filed on September 19, 2016. (Dkt. No. 16). Having been thoroughly briefed by both parties, this matter was taken under submission on October 4, 2016.

Dismissal under Federal Rule of Civil Procedure 12(b)(6) is proper only when a complaint exhibits either a “(1) lack of a cognizable legal theory or (2) the absence of sufficient facts alleged under a cognizable legal theory.” Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir. 1988). Under the heightened pleading standards of Twombly and Iqbal, a plaintiff must allege “enough facts to state a claim to relief that is plausible on its face,” so that the defendant receives “fair notice of'what the... claim is and the grounds upon which it rests.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007). The plaintiff must plead factual content that allows the court to draw the ‘reasonable inference that the defendant is liable for the misconduct alleged. Ashcroft v. Iqbal, 556 U.S. 662, 678 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009). The court will…