OpenAI Believes Its Lawsuit Should Be Thrown Out for Failure to State a Claim Under Rule

MEMORANDUM OF POINTS AND AUTHORITIES

III. LEGAL STANDARD

B. Motion to Dismiss for Failure to State a Claim Under Rule 12(b)(6).

To satisfy Rule 8 and survive a Rule 12(b)(6) motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (cleaned up). Dismissal is appropriate “where the complaint lacks a cognizable legal theory or sufficient facts to support a cognizable legal theory.” Mendiondo v. Centinela Hosp. Med. Ctr., 521 F.3d 1097, 1104 (9th Cir. 2008). Where a plaintiff raises generalized allegations against multiple defendants, the complaint has not “stated sufficient facts to state a claim for relief that is plausible against one [d]efendant.” In re iPhone App. Litig., No. 11-MD-022590-LHK, 2011 WL 4403963, at *3 (N.D. Cal. Sept. 20, 2011). Moreover, “[f]actual allegations must be enough to raise a right to relief above the speculative level” and “a formulaic recitation of the elements of a cause of action will not do.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). The Court need not accept as true conclusory allegations or legal characterizations, nor need it accept unreasonable inferences or unwarranted factual deductions. In re Gilead Scis. Sec. Litig., 536 F.3d 1049, 1055 (9th Cir. 2008).