§Why CasetextPricing

Ricardo Flores et al v. Marriott Resorts Hospitality Corporation et al

NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint at ECF Dkt. 28

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,597 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 265,563 times   364 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,710 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,943 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  5. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,858 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"

  6. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 796 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  7. Williams v. Superior Court

    3 Cal.5th 531 (Cal. 2017)   Cited 222 times   12 Legal Analyses
    Concluding fear of retaliation cuts in favor of "facilitating collective actions so that individual employees need not run the risk of individual suits"

  8. Vernon v. State

    116 Cal.App.4th 114 (Cal. Ct. App. 2004)   Cited 150 times   2 Legal Analyses
    Determining whether an organization was a joint employer

  9. Maldonado v. Epsilon Plastics, Inc.

    22 Cal.App.5th 1308 (Cal. Ct. App. 2018)   Cited 51 times   4 Legal Analyses
    Holding that wage statement penalties could not be awarded where the wage stubs accurately reflected the hours worked at each rate, even though it was later determined that the plaintiffs were owed more

  10. Elliot v. Spherion Pacific Work, LLC

    572 F. Supp. 2d 1169 (C.D. Cal. 2008)   Cited 67 times   1 Legal Analyses
    Holding that plaintiff could not recover under § 226 because she did not suffer injury resulting from defendant's "use of a slightly-truncated name"

  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 344,659 times   920 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 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,288 times   33 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees