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Request Judicial Notice

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21 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,323 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  2. Ins. Corp. of Ir. v. Compagnie Des Bauxites De Guinee

    456 U.S. 694 (1982)   Cited 4,007 times   4 Legal Analyses
    Holding that unlike subject matter jurisdiction, a defect in personal jurisdiction can be waived

  3. Pasquantino v. U.S.

    544 U.S. 349 (2005)   Cited 283 times   5 Legal Analyses
    Holding that "[v]aluable entitlement" to be paid taxes is property

  4. Fleming v. Pickard

    581 F.3d 922 (9th Cir. 2009)   Cited 822 times
    Holding that judgment on the pleadings is properly granted “when there is no issue of material fact in dispute, and the moving party is entitled to judgment as a matter of law”

  5. Banco Nacional de Cuba v. Sabbatino

    376 U.S. 398 (1964)   Cited 774 times   1 Legal Analyses
    Holding American courts "will not sit in judgment on the acts of the government of another done within its own territory"

  6. Knappenberger v. City of Phoenix

    566 F.3d 936 (9th Cir. 2009)   Cited 286 times   1 Legal Analyses
    In Knappenberger, for example, we considered a constructive discharge claim of an employee who chose to retire after being given the choice to either retire early (and keep his lifetime health insurance) or be fired (and lose it).

  7. Schmier v. United States Court of Appeals for the Ninth Circuit

    279 F.3d 817 (9th Cir. 2002)   Cited 308 times
    Holding amendment futile where "it was not factually possible for plaintiff to amend the complaint so as to satisfy [the underlying problem]"

  8. Mammoth Lakes Land Acquisition, LLC v. Town of Mammoth Lakes

    191 Cal.App.4th 435 (Cal. Ct. App. 2010)   Cited 85 times   1 Legal Analyses
    Finding sufficient evidence to support $30 million damages award based on the developer's testimony about the value of the property and expected profits

  9. Detabali v. St. Luke's

    482 F.3d 1199 (9th Cir. 2007)   Cited 88 times   3 Legal Analyses
    Holding that FEHA retaliation claim not preempted, in keeping with "long line of . . . cases holding that FEHA employment discrimination claims are not ispo facto preempted by [Section] 301 of the LMRA"

  10. U.S. v. Trapilo

    130 F.3d 547 (2d Cir. 1997)   Cited 69 times
    Holding that a scheme to defraud a foreign nation of tax revenue violates the wire fraud statute

  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 361,487 times   960 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 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 8,251 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

  14. Section 451 - Matters requiring judicial notice

    Cal. Evid. Code § 451   Cited 870 times   1 Legal Analyses
    Asserting when "[j]udicial notice shall be taken."

  15. Section 453 - Notice to adverse parties

    Cal. Evid. Code § 453   Cited 440 times   1 Legal Analyses
    Prescribing the conditions under which “[t]he trial court shall take judicial notice of any matter specified in Section 452”