The following excerpt is from In re SDG&E Consolidated Cases., Case No. 17-cv-02433-BAS-JLB, Consolidated Case No. 18-cv-01389-BAS-JLB, Consolidated Case No. 18-cv-01390-BAS-JLB, Consolidated Case No. 18-cv-01561-BAS-JLB (S.D. Cal. 2021):
In a factual attack, "by contrast, . . . the challenger disputes the truth of the allegations that, by themselves, would otherwise invoke federal jurisdiction." Safe Air for Everyone, 373 F.3d at 1039. "[T]he district court is not restricted to the face of the pleadings, but may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction." McCarthy v. United States, 850 F.2d 558, 560 (9th Cir. 1988). "Once the moving party has converted the motion to dismiss into a factual motion by presenting affidavits or other evidence properly brought before the court, the party opposing the motion must furnish affidavits or other evidence necessary to satisfy its burden of establishing subject matter jurisdiction." Savage, 343 F.3d at 1039 n.2.
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