The United States District Courts adopted the Federal Rules of Civil Procedure (FRCP) in 1938. Drafted in reference to the types of cases most common at the time, these rules were designed to regulate pre-trial pleading and discovery practices. In doing so, they presented three pre-trial mechanisms for undermining a plaintiff’s complaint, one of which is a motion to dismiss—Rule 12(b)(6).
The California Code of Civil Procedure presents an elaborate statutory scheme through which a defendant can dismiss an action. Broadly stipulated in section 581(b), these provisions concern the logistics of court proceedings. Has the case been abandoned by the plaintiff? Has either party not appeared at trial? Has a plaintiff failed to amend a successfully demurred complaint? Throughout California this code has brought mixed results over the years.