29 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,377 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,313 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' "
Taylor v. Sturgell
553 U.S. 880 (2008) Cited 3,159 times 12 Legal Analyses
Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,484 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"
Ferdik v. Bonzelet
963 F.2d 1258 (9th Cir. 1992) Cited 15,298 times
Holding that a district court must provide the litigant with notice of the deficiencies in his complaint prior to dismissal
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,253 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Adams v. California Dept
487 F.3d 684 (9th Cir. 2007) Cited 902 times
Holding that separate federal statutes "establish[ing] distinct rights enforceable by litigants" are not alone sufficient to differentiate prior and later filed actions
Davis v. HSBC Bank Nevada, N.A.
691 F.3d 1152 (9th Cir. 2012) Cited 643 times 10 Legal Analyses
Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 704 times 2 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
Benny v. Pipes
799 F.2d 489 (9th Cir. 1986) Cited 499 times
Holding that defendants had not appeared despite filing three motions for an extension of time to answer the complaint
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
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 68,861 times 122 Legal Analyses
Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 38,894 times 316 Legal Analyses
Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
Section 1770 - [Operative 7/1/2024]
Cal. Civ. Code § 1770 Cited 699 times 2 Legal Analyses
Prohibiting "unfair or deceptive acts or practices"
Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services
Cal. Civ. Code § 1782 Cited 285 times 5 Legal Analyses
Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations

Stephanie Patton et al v. Forest Laboratories, LLC

29 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that adequate representation requires that "[t]he interests of the nonparty and her representative are aligned" and "the party understood herself to be acting in a representative capacity."

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"

Holding that a district court must provide the litigant with notice of the deficiencies in his complaint prior to dismissal

Holding that circumstances constituting fraud must be stated with particularity

Holding that separate federal statutes "establish[ing] distinct rights enforceable by litigants" are not alone sufficient to differentiate prior and later filed actions

Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"

Holding that a loan transaction is a business practice under the UCL

Holding that defendants had not appeared despite filing three motions for an extension of time to answer the complaint

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

Prohibiting "unfair or deceptive acts or practices"