Can a plaintiff bring an action for lack of subject matter jurisdiction under Rule 12(b)(1)?

MultiRegion, United States of America

The following excerpt is from Nathel Int'l, Inc. v. Vincent B. Zaninovich & Sons, Inc., Case No. 1:18-cv-00729-LJO-SAB (E.D. Cal. 2018):

Federal Rule of Civil Procedure 12(b)(1) provides for dismissal of an action for lack of subject matter jurisdiction. A jurisdictional attack under Rule 12(b)(1) may be facial or factual. Safe Air for Everyone v. Meyer, 373 F.3d 1035, 1039 (9th Cir. 2004). A facial attack challenges the allegations in the complaint, asserting they are insufficient to invoke federal jurisdiction. Safe Air for Everyone, 373 F.3d at 1039. In deciding a facial challenge, the court assumes the allegations in the complaint are true and draws all reasonable inferences in the plaintiff's favor. Wolfe v. Strankman, 392 F.3d 358, 362 (9th Cir. 2004).

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