Carreno
Carreno v. 360 Painting, LLC.
Opinion
Trial Court Opinion
UNITIED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
Deborah Carreno, Case No. 3:19 CV 02239 LAB BGS
Plaintiff,
vs. ORDER DENYING MOTION TO
DISMISS COUNTERCLAIM
360 Painting LLC., [Dkt. 21] Defendant 14 15 And Related Counter Claim 17 A pleading is only a statement of a party’s claims, designed to provide “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Dismissal under Fed. R. Civ. P. 12(b)(6) is available when a pleading “fail[s] to state a claim”—that is, the pleading isn’t a “statement of the claim showing . . . entitle[ment] to relief.” Fed. R. Civ. P. 12(b)(6); see, e.g., 5B Wright & Miller, Fed. Prac. & Proc. Civ. § 1356 (3d ed.) (“Only when [a pleading] fails to meet the [Rule 8(a)(2) . . . standard . . . is it subject to dismissal under Rule 12(b)(6).”) So motions under Fed. R. Civ. P. 12(b)(6) call on courts to answer only this: Is the challenged pleading a statement of a claim showing that…