12345678910111213141516171819202122232425262728Reconsideration, Docket No. 78.) Interveners were Measure B’sofficial proponents. (Id. at 2:19-20.) Presently before the Courtis Interveners’ Motion to Dismiss and Plaintiffs’ Motion for aPreliminary Injunction. (Docket Nos. 49, 55.)
II. Legal Standard A. Motion to Dismiss
A complaint will survive a motion to dismiss when it contains“sufficient factual matter, accepted as true, to state a claimtorelief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S.662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544,570 (2007)). When considering a Rule 12(b)(6) motion, a court must“accept as true all allegations of material fact and must construethose facts in the light most favorable to the plaintiff.” Resnickv. Hayes, 213 F.3d 443, 447 (9th Cir. 2000). Although a complaintneed not include “detailed factual allegations,” it must offer“more than an unadorned, the-defendant-unlawfully-harmed-meaccusation.” Iqbal, 556 U.S. at 678. Conclusory allegations orallegations that are no more than a statement of a legal conclusion“are not entitled to the assumption of truth.” Id. at 679. Inother words, a pleading that merely offers “labels andconclusions,” a “formulaic recitation of the elements,” or “nakedassertions” will not be sufficient to state a claimupon which
Plaintiffs argue the motion to dismiss is untimely becausethe County has already filed an answer in this case. Generally,motions to dismiss must be filed before an answer. United Statesv. Real Prop. Located at 41430 De Portola Rd., Rancho California,959 F.2d 243 (9th Cir. 1992). It is unclear, though, how this ruleis applied in the intervener context. Regardless, should the ruleapply to Interveners, the Court uses its discretion to convert themotion to dismiss into a motion for judgment on the pleadings,which is analogous to a motion to dismiss except that it may befiled after an answer. See id.
Case 2:13-cv-00190-DDP-AGR Document 79 Filed 08/16/13 Page 3 of 34 Page ID #:1320