What is the test for reviewing a motion to dismiss for lack of subject matter jurisdiction?
MultiRegion, United States of America
The following excerpt is from Rivas v. Napolitano, 12 Cal. Daily Op. Serv. 4480, 2012 Daily Journal D.A.R. 5289, 677 F.3d 849 (9th Cir. 2012):
1. In reviewing a motion to dismiss for lack of subject matter jurisdiction, the court may consider affidavits or any other evidence properly before the court. Sommatino v. United States, 255 F.3d 704, 710 n. 3 (9th Cir.2001).
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