Is a plaintiff entitled to the same safeguards as a plaintiff on a Rule 12(b)(6) motion to establish jurisdiction?

MultiRegion, United States of America

The following excerpt is from Horisons Unlimited & Horisons Unlimited Health Care v. Santa Cruz-Monterey-Merced Managed Med. Care Comm'n, 1:14-CV-00123-LJO-MJS (E.D. Cal. 2014):

"If the challenge to jurisdiction is a facial attack, i.e., the defendant contends that the allegations of jurisdiction contained in the complaint are insufficient on their face to demonstrate the existence of jurisdiction, the plaintiff is entitled to safeguards similar to those applicable when a Rule 12(b)(6) motion is made." Cervantez v. Sullivan, 719 F.Supp. 899, 903 (E.D. Cal. 1989), rev'd on

Page 6

Other Questions


What is the test for a motion to amend a motion where the motion is seeking leave to amend the motion? (MultiRegion, United States of America)
Does the Court have jurisdiction to hear a motion denying a motion to dismiss for lack of subject matter jurisdiction? (MultiRegion, United States of America)
If a motion is brought before the Superior Court of Justice in the absence of a motion before the Court of Appeal, and the motion has been adjourned for a second time, is there an instance where this court should take jurisdiction? (MultiRegion, United States of America)
Can a Rule 12(b)(1) motion for lack of subject matter jurisdiction be used to attack the substance of a complaint's jurisdictional allegations? (MultiRegion, United States of America)
In resolving a Rule 12(b)(2) motion to dismiss for lack of personal jurisdiction, can the court consider affidavits and other materials submitted on the motion? (MultiRegion, United States of America)
What is the test for determining if a plaintiff has jurisdiction to bring a motion to dismiss the motion? (MultiRegion, United States of America)
On a Rule12(b)(1) motion to dismiss for lack of subject matter jurisdiction, what is the burden of proof? (MultiRegion, United States of America)
What is the standard of review required for a motion to amend a motion where a motion is brought in without a judicial review? (MultiRegion, United States of America)
What is the test for appealability of a motion for a new trial where a federal judge has granted the motion without hearing the motion? (MultiRegion, United States of America)
Can Plaintiffs amend their pleadings in a motion to amend after defendants have filed motions to dismiss? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.