What is the test for determining whether a motion can be brought against a motion to dismiss the motion?
MultiRegion, United States of America
The following excerpt is from Estate of Brooks v. USA, 197 F.3d 1245 (9th Cir. 1999):
Because the district court dismissed the action under Federal Rule of Civil Procedure 12(b)(6), we take all allegations of material fact as true and construe the complaint in the light most favorable to the nonmoving party. See Hicks v. Small, 69 F.3d 967, 969 (9th Cir. 1995).
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