Castillo-Antonio
Castillo-Antonio v. Deumah
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
JOSE DANIEL CASTILLO-ANTONIO, Case No. 22-cv-04032-VC
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS
SALAH ALI DEUMAH, et al., Re: Dkt. Nos. 11, 13 Defendants.
The motion to dismiss is granted. While Castillo-Antonio’s allegations suffice for purposes of constitutional standing, they fail to state a claim upon which relief can be granted.1 The defendants bring a factual, rather than facial, attack on jurisdiction. In resolving such a challenge, “the district court may review evidence beyond the complaint without converting the motion to dismiss into a motion for summary judgment.” Savage v. Glendale Union High School, 343 F.3d 1036, 1039 n. 2 (9th Cir. 2003). But a factual jurisdictional dismissal is inappropriate when “‘the jurisdictional issue and substantive issues are so intertwined that the question of jurisdiction is dependent on the resolution of factual issues going to the merits’ of an action.” Sun Valley Gasoline, Inc. v. Ernst Enterprises, Inc., 711 F.2d 138, 139 (9th Cir. 1983); see also In re Facebook, Inc., Consumer Privacy User Profile Litigation, 402 F. Supp. 3d…