More than 30 years in practice and Frank somehow missed learning that a complaint can only be dismissed with prejudice under 12(b)(6) if it is frivolous, time barred or otherwise incapable of being corrected by amendment.
Frank apparently can't conceive of an amended complaint to escape a dismissal with prejudice, we'll know within six weeks or so whether District Court Judge Otero is similarly impaired.
I'll give you'all a hint:
Starr v. Baca, 652 F. 3d 1202 - Court of Appeals, 9th Circuit 2011 -> The US Supreme Court just refused to hear the appeal.
Coalition to Defend Affirmative Action v. Brown, Court of Appeals, 9th Circuit 2012
Now for the kids at the back of the class. What Governor got slapped with an injunction where his sole enforcement connection was a government code section identical to California Government Code section 12010 & 12011?
Keeping in mind that I have alleged a much more tightly coupled level of enforcement of the statute than Brown has with the Board of Regents.
And if all else fails, even Brown's attorney concedes that my suing the governor in his personal capacity keeps him on the hook.
It's a good thing I never asked Frank to review my complaint before I filed it. The attorney who did review it, pro bono, thinks the magistrate judge is an idiot. Others have used other words, none of them charitable.
Frank is the only attorney, including Brown's attorney, who seems to think otherwise.