Washington Education Ass'n v. National Right to Work Legal Defense Foundation, Inc.

MEMORANDUM **

The Washington Education Association (“WEA”) filed the instant appeal asserting that the district court erred in (1) converting the National Right To Work Legal Defense Foundation, Inc.’s (“Foundation”) motion to dismiss into a motion for summary judgment without providing it notice and an opportunity to supplement the record; and (2) granting Foundation’s motion to dismiss. Jurisdiction is proper in this Court pursuant to 28 U.S.C. § 1291 . Upon careful review, we affirm the decision of the district court.

I.

Neither party disputes that the documents relied upon by Foundation in its motion to dismiss could have been considered by the district court without converting the motion to dismiss into one for summary judgment. Lee v. City of Los Angeles, 250 F.3d 668, 688-89 (9th Cir.2001) (stating that a district court may consider documents relied upon in the complaint or matters of public record). Therefore, no error lies if, pursuant to Federal Rule of Civil Procedure 12(b)(6), *682 the district court could have properly dismissed the Complaint for failure to state a claim. See Williamson v. Gen. Dynamics Corp., 208 F.3d 1144, 1149 (9th Cir.2000) (“[i]f support…