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Wine Education Council, Inc. v. San Pasqual Fiduciary Trust Company et al

NOTICE OF MOTION AND MOTION to Dismiss defendant Jane Rodgers and Memorandum of Points and Authorities in Suppor Thereof

19 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,413 times   280 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,161 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,309 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  4. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 454 times
    Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty

  5. Albrecht v. Lund

    845 F.2d 193 (9th Cir. 1988)   Cited 423 times
    Holding leave to amend is not required where the facts are not in dispute, and there is no liability as a matter of substantive law

  6. Madden v. Kaiser Foundation Hospitals

    17 Cal.3d 699 (Cal. 1976)   Cited 323 times   2 Legal Analyses
    Holding that "to predicate the legality of a consensual arbitration agreement upon the parties' express waiver of jury trial would be as artificial as it would be disastrous" because parties "well know" that arbitration "disputes are not resolved by juries"

  7. Patrick v. Alacer Corp.

    167 Cal.App.4th 995 (Cal. Ct. App. 2008)   Cited 79 times   1 Legal Analyses
    Stating that while a nominal defendant corporation generally may not defend a derivative action filed on its behalf, it "may assert defenses contesting the plaintiff's right or decision to bring suit, such as asserting the shareholder plaintiffs lack of standing ...."

  8. Tri-Growth Centre City v. Silldorf, Burdman

    216 Cal.App.3d 1139 (Cal. Ct. App. 1989)   Cited 45 times   2 Legal Analyses
    Leaving for resolution at trial the factual issue of whether a fiduciary duty in fact existed

  9. Boys & Girls Club of Petaluma v. Walsh

    169 Cal.App.4th 1049 (Cal. Ct. App. 2008)   Cited 13 times
    Referring to order on proceedings listed under section 17200, subdivision (b) as final

  10. Lopez v. Prof'l Collection Consultants

    Case No.: CV 11-3214 PSG (PLAx) (C.D. Cal. Oct. 19, 2011)   Cited 4 times
    Granting motion to dismiss because, in part, the plaintiff neither alleged specific dates of contact by the defendant nor a range of dates

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,708 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,731 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 501 - Exemption from tax on corporations, certain trusts, etc

    26 U.S.C. § 501   Cited 3,235 times   294 Legal Analyses
    Granting tax-exempt status to qualified pension plans

  14. Section 170 - Charitable, etc., contributions and gifts

    26 U.S.C. § 170   Cited 1,303 times   100 Legal Analyses
    In § 170 and § 501(c)(3), Congress has identified categories of traditionally exempt institutions and has specified certain additional requirements for tax exemption.

  15. Section 509 - Private foundation defined

    26 U.S.C. § 509   Cited 155 times   26 Legal Analyses
    Providing for three circumstances under which an organization may qualify as a supporting organization, only one of which need be satisfied

  16. Section 24 - Beneficiary

    Cal. Prob. Code § 24   Cited 64 times
    Defining "beneficiary" as "a person who has any present or future interest, vested or contingent"

  17. Section 4945 - Taxes on taxable expenditures

    26 U.S.C. § 4945   Cited 37 times   6 Legal Analyses
    Imposing taxes