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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 re Plaintiff WEC's First Amended Complaint for Failure to State a Claim for Which Relief Can Be Granted; Memorandum of Points and Authorities in Support

14 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 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 267,097 times   365 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. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,069 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  4. 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

  5. Shaw v. Regents of University of California

    58 Cal.App.4th 44 (Cal. Ct. App. 1997)   Cited 199 times
    Holding that a patent agreement between a teacher and university incorporated the terms of a patent policy in effect at the time the teacher signed the agreement

  6. Ticor Title Ins. Co. v. Employers Ins. of Wausau

    40 Cal.App.4th 1699 (Cal. Ct. App. 1995)   Cited 55 times   1 Legal Analyses
    Finding that a complaint based on failure to disclose known information "did not allege an occurrence giving rise to a duty to defend"

  7. 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

  8. Holt v. College of Osteopathic Physicians & Surgeons

    61 Cal.2d 750 (Cal. 1964)   Cited 45 times   1 Legal Analyses
    In Holt v. College of Osteopathic Physicians & Surgeons, 61 Cal. 2d 750 (1964), the Attorney General declined to pursue a claim by plaintiffs against a charitable trust.

  9. San Diego Etc. Boy Scouts v. City of Escondido

    14 Cal.App.3d 189 (Cal. Ct. App. 1971)   Cited 13 times
    In Boy Scouts, we relied on Holt, which permitted minority trustees of a charitable corporation to maintain an action against majority trustees to enjoin a threatened breach of trust.

  10. 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 346,412 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    26 U.S.C. § 501   Cited 3,224 times   291 Legal Analyses
    Granting tax-exempt status to qualified pension plans

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

    26 U.S.C. § 170   Cited 1,297 times   98 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.

  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 4945 - Taxes on taxable expenditures

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