What is the test for granting a motion to dismiss for lack of subject matter jurisdiction?
MultiRegion, United States of America
The following excerpt is from Dogan v. Barak, No. 16-56704 (9th Cir. 2019):
We review de novo the grant of a motion to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1). Mills v. United States, 742 F.3d 400, 404 (9th Cir. 2014). Evidentiary rulings, such as the district court's decision to consider extrinsic evidence, are reviewed for an abuse of discretion. Wagner v. Cty. of Maricopa, 747 F.3d 1048, 1052 (9th Cir. 2013). This court
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reverses only if the exercise of discretion was "both erroneous and prejudicial." Id.
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