What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint?
MultiRegion, United States of America
The following excerpt is from Barclay v. Beard, No. 2:15-cv-0178 CKD P (E.D. Cal. 2015):
Attached to the complaint are various documents, which the court may consider on a motion to dismiss.2 "[M]aterial which is properly submitted as part of the complaint may be considered on a motion to dismiss." Branch v. Tunnell, 14 F.3d 449, 453 (9th Cir. 1994), overruled on other grounds by Galbraith v. County of Santa Clara, 307 F.3d 1119 (9th Cir. 2002) (emphasis in original).
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