The following excerpt is from Sanchez v. Comm'r of Soc. Sec., Case No. 1:18-cv-00868-EPG (E.D. Cal. 2019):
of two waysthrough a facial attack or a factual attack. A "facial' attack "accepts the truth of the plaintiff's allegations but asserts that they are 'insufficient on their face to invoke federal jurisdiction.'" Leite v. Crane Co., 749 F.3d 1117, 1121 (9th Cir. 2014). In contrast, a "factual" attack "contests the truth of the plaintiff's factual allegations, usually by introducing evidence outside the pleadings." Id.
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