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

NOTICE OF MOTION AND MOTION to Dismiss Defendant Peter Hilf re Plaintiff WEC's First Amended Complaint; Memorandum of Points and Authorities in Support

25 Cited authorities

  1. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 23,801 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

  2. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,059 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  3. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,280 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. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,863 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  5. Pareto v. Federal Deposit Insurance Corp.

    139 F.3d 696 (9th Cir. 1998)   Cited 1,180 times   1 Legal Analyses
    Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

  6. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 451 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

  7. I. E. Associates v. Safeco Title Ins. Co.

    39 Cal.3d 281 (Cal. 1985)   Cited 202 times
    Holding that trustees have no common law duty to provide notice beyond that required by section 2924b

  8. 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 ...."

  9. Van De Kamp v. Bank of America

    204 Cal.App.3d 819 (Cal. Ct. App. 1988)   Cited 137 times
    Interpreting 12 U.S.C. § 371a

  10. Patton v. Sherwood

    152 Cal.App.4th 339 (Cal. Ct. App. 2007)   Cited 20 times

    No. B189970. June 21, 2007. Appeal from the Superior Court of Ventura County, No. P078851, Kent M. Kellegrew, Judge. Ferguson, Case, Orr, Paterson Cunningham, David B. Shea and Sandra M. Robertson for Plaintiffs and Appellants. Norman, Dowler, Sawyer, Israel, Walker Barton and Matthew P. Guasco for Defendants and Respondents. OPINION YEGAN, J. Here we hold that the settlor of a charitable remainder unitrust (CRUT) may enforce the terms of the trust by petitioning the probate court concerning the

  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 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    26 U.S.C. § 501   Cited 3,220 times   289 Legal Analyses
    Granting tax-exempt status to qualified pension plans

  13. Section 509 - Private foundation defined

    26 U.S.C. § 509   Cited 154 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

  14. 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"

  15. Section 15620 - Exercise of power by unanimous action

    Cal. Prob. Code § 15620   Cited 20 times   1 Legal Analyses

    Unless otherwise provided in the trust instrument, a power vested in two or more trustees may only be exercised by their unanimous action. Ca. Prob. Code § 15620 Enacted by Stats. 1990, Ch. 79.