How does a motion to dismiss a motion for lack of subject matter jurisdiction apply?
The following excerpt is from Citizens for Fair Representation v. Sec'y of State Alex Padilla, No. 2: 17-cv-00973-KJM-DMC (E.D. Cal. 2018):
Defendant moves to dismiss plaintiffs' complaint for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). See Mot. at 10-16. When, as here, a motion to dismiss facially attacks the complaint's reliance on subject matter jurisdiction, the court presumes all allegations are true and analyzes whether the allegations plausibly establish jurisdiction. See Warren v. Fox Family Worldwide, Inc., 328 F.3d 1136, 1139 (9th Cir. 2003)
Page 6
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
