In what circumstances will the court grant a motion to dismiss a motion that seeks to exclude or amend a document that is not physically attached to the complaint?
MultiRegion, United States of America
The following excerpt is from Altimus v. Saint-Gobain Corp., No. 1:17-cv-01271-DAD-EPG (E.D. Cal. 2018):
In ruling on such a motion, the court is permitted to consider material that is properly submitted as part of the complaint, documents that are not physically attached to the complaint if their authenticity is not contested and the plaintiff's complaint necessarily relies on them, and matters of public record. Lee v. City of Los Angeles, 250 F.3d 668, 688-89 (9th Cir. 2001).
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