Bautista v. Los Angeles County

Judge Schwarzer’s opinion reaches the correct result: the district court’s dismissal with prejudice of the plaintiffs’ -second amended complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), was erroneous. Dismissal with prejudice is proper under Rule 12(b)(6) only if it “appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). That is not the case here. The complaint set forth proper claims for employment discrimination based on age, race, and…