Maka Hospice, Inc. v. Alex M. Azar, II
Opinion
Trial Court Opinion
facts. White v. Lee, 227 F.3d 1214, 1242 (9th Cir. 2000) (citing 2 James Wm. Moore et al., Moore’s Federal Practice 12.30[4], at 12- to 12- (3d ed.1999)). Where the motion attacks the 7! complaint on its face, the court considers the complaint’s allegations to be true, and draws all reasonable inferences in the 9} plaintiff’s favor. Doe v. Holy See, 557 F.3d 1066, 1073 (9th Cir. 10} 2009). A factual attack, however, need not presume the 11] truthfulness of the allegations in the complaint, and may look beyond the complaint to matters of public record. White, 227 F.3d 13}}at 1242. III. Discussion This court has jurisdiction to review “any final decision of 16] the Commissioner of Social Security made after a hearing to which he was a party, irrespective of the amount in controversy ... □□ 18] U.S.C. $ 405(g); see also U.S.C. § 405(h). Indeed, Section 405(g) is the “sole avenue for judicial review for all claims arising under the Medicare Act.” Heckler v. Ringer, 466 U.S. 602, 615…