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California Sportfishing Protection Alliance v. All Star Auto..., 860 F.Supp.2d 1144...
75 ERC 1628
860 F.Supp.2d 1144 leave to amend the complaint. Fed.Rules
United States District Court, Civ.Proc.Rules 12(b)(6), 15(a), 28 U.S.C.A.
E.D. California. Cases that cite this headnote
CALIFORNIA SPORTFISHING PROTECTION [2] Federal Civil Procedure
ALLIANCE, a nonprofit corporation, Plaintiff, Matters considered in general
v. Generally, court may not consider material
ALL STAR AUTO WRECKING, INC., a California beyond the pleadings in ruling on a motion to
corporation aka All Star Auto Recycling; and Joe dismiss for failure to state a claim, except when
Cream, Sr., an individual, and Joe Cream, Jr., an material is attached to the complaint or relied on
by the complaint, or when the court takes
individual, Defendants. judicial notice of matters of public record,
provided the facts are not subject to reasonable
Case No. 2:11–CV–1771 JAM–CKD. | March 16, dispute. Fed.Rules Civ.Proc.Rule 12(b)(6), 28
2012. U.S.C.A.
Synopsis Cases that cite this headnote
Background: Organization of recreational users of river
brought civil suit against wrecking company under the [3] Federal Civil Procedure
citizen suit enforcement provisions of the Federal Water Matters considered in general
Pollution Control Act, alleges five causes of action for
various violations of the Clean Water Act (CWA) permit Federal Courts
conditions as well as a sixth claim under state law for Evidence; Affidavits
chemical discharges. Company filed motion to dismiss for
lack of subject matter jurisdiction and for failure to state a In ruling on a motion to dismiss for failure to
claim. state a claim, courts may consider extrinsic
evidence when plaintiff’s claim depends on the
Holdings: The District Court, John A. Mendez, J., held contents of a document, the defendant attaches
that: the document to its motion to dismiss, and the
parties do not dispute the authenticity of the
[1] organization sufficiently alleged standing, and document, or when deciding factual challenges
to subject matter jurisdiction. Fed.Rules
[2] organization sufficiently alleged a claim under CWA Civ.Proc.Rule 12(b)(1, 6), 28 U.S.C.A.
for violation of wrecking company’s general permit
requirement to develop an adequate monitoring and Cases that cite this headnote
reporting program.
Motion denied.
West Headnotes (10)
[1] Federal Civil Procedure [4] Associations
Pleading over Actions by or Against Associations
Upon granting a motion to dismiss for failure to An association has standing to bring suit on
state a claim, the court has discretion to allow behalf of its members when (1) its members
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