Legal Opinion
Walter v. Drayson
District Court, D. Hawaii
Decided July 6, 2007No. Civ. 06-00568 SOM/KSCPublishedCited by 6 opinions
1Opinion of the Court
ORDER GRANTING DEFENDANTS’ MOTIONS TO DISMISS
MOLLWAY, District Judge.
Faced with a motion to dismiss for failure to state a claim, a court typically accepts as true the allegations of a complaint. But that is not required when the allegations are mere conclusions, contain unwarranted deductions, or make unreasonable inferences. That is what occurs in the federal claims raised here, and they fail as a result.
This case, at heart, is a dispute between a brother and sister about how to split trust assets left to them and their siblings by their late mother. This dispute cannot be shoehorned into…
2Cases cited35 opinions
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Carnegie-Mellon University v. CohillSupreme Court of the United States · 1988
- City of Chicago v. International College of SurgeonsSupreme Court of the United States · 1997
- Sprewell v. Golden State WarriorsCourt of Appeals for the Ninth Circuit · 2001
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3Cited by6 opinions
- Walter v. DraysonCourt of Appeals for the Ninth Circuit · 2008
- Tatung Co. v. Shu Tze HsuDistrict Court, C.D. California · 2016
- Acosta v. SaakvitneDistrict Court, D. Hawaii · 2019
- Edumoz, LLC v. Republic of MozambiqueDistrict Court, C.D. California · 2013
- Johnson v. City and County HonoluluDistrict Court, D. Hawaii · 2023
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