Jones v. L.A. Central Plaza LLC (9th Cir. 2023) 74 F.4th 1053
While a district court may convert a motion to dismiss into a summary judgment motion in the parties submit evidence in support of the motion, FRCP 12(d), the district court cannot sua sponte convert a summary judgment motion into a motion to dismiss. Here, defendant didn't move to dismiss for lack of lack of Article III standing but raised the… Read More