The following excerpt is from Tavares v. Whitehouse, 851 F.3d 863 (9th Cir. 2017):
11 Here, "both parties submitted declarations in connection with the motion to dismiss, [and] because no evidentiary hearing was held we must accept [Tavares's] version of events as true for the purposes of establishing jurisdiction and surviving a 12(b)(1) motion." Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1160 (9th Cir. 2007).
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