Claim for relief - sustany/dvg GitHub Wiki

A�claim�for relief is a particular set of facts that one party puts forth in a�pleading�in court to establish that they have a right to recover against a�defendant. Stating a claim for relief is a synonym for stating a�cause of action.�

Attempting to file a lawsuit in which no claim for relief is present will result in the dismissal of that lawsuit under�Federal Rule of Civil Procedure 12(b)(6)�for failure to state a claim. As established in�Ashcroft v. Iqbal�and�Bell Atlantic v. Twombly, a claim for relief must be plausible on its face and establish more than the mere possibility that the defendant is liable to survive a�12(b)(6) motion to dismiss.

Furthermore, a claim for relief must be stated at the pleading state of�litigation. A party cannot utilize the tools of�discovery�until a claim for relief which survives a 12(b)(6) motion is established.��

See e.g.;�White v. Baca, CV 13-03401 JFW (SSx) (C.D. Cal. Apr. 25, 2014)