§Why CasetextPricing

Actuate Corporation v. International Business Machines Corporation et al

Memorandum in Opposition re First MOTION to Dismiss Actuate's Complaint; Memorandum of Points and Authorities in Support Memorandum in Opposition to IBM's Motion to Dismiss Actuate's Complaint

27 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,983 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 65,270 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  3. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,523 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'"

  4. Lazy Y Ranch Ltd. v. Behrens

    546 F.3d 580 (9th Cir. 2008)   Cited 1,365 times   3 Legal Analyses
    Holding that courts “need not accept as true allegations contradicting documents that are referenced in the complaint.”

  5. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 965 times
    Setting forth elements of a FHA claim

  6. Chase v. J.H. Electric of New York, Inc.

    69 A.D.3d 802 (N.Y. App. Div. 2010)   Cited 499 times
    Enumerating the elements of a breach of contract claim

  7. In re Westmoreland Coal Co. v. Entech, Inc.

    100 N.Y.2d 352 (N.Y. 2003)   Cited 208 times
    Holding claims that seller breached representations and warranties that its closing balance sheet was prepared in accordance with U.S. GAAP were subject to resolution by the courts, not arbitration

  8. ACS RECOVERY SERVICES, INC. v. KAPLAN

    No. C 09-01304 JSW (N.D. Cal. Jan. 11, 2010)   Cited 74 times
    Finding no excusable neglect where defendant was properly served with the summons and complaint and had the opportunity to oppose the request for entry of default and failed to do so

  9. Sutter Home Winery v. Vintage Selections

    971 F.2d 401 (9th Cir. 1992)   Cited 115 times
    Holding that a party cannot recover on a claim of unjust enrichment where the parties' relationship was governed by a valid express contract

  10. Prichard v. 164 Ludlow

    49 A.D.3d 408 (N.Y. App. Div. 2008)   Cited 42 times
    Holding that claim accrues at purchase of investment

  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 361,663 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 163,974 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 213 - Actions to be commenced within six years: where not otherwise provided for; on contract; on sealed instrument; on bond or note, and mortgage upon real property; by state based on misappropriation of public property; based on mistake; by corporation against director, officer or stockholder; based on fraud

    N.Y. C.P.L.R. § 213   Cited 5,620 times   9 Legal Analyses
    Applying six-year statute of limitations to actions "for which no limitation is specifically prescribed by law"

  14. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; section 51.7, Civil code; violation of FPA or Forestry and Fire Protection rules and regulations; section 26038, Business and Professions code

    Cal. Code Civ. Proc. § 338   Cited 1,547 times
    Establishing three-year statute of limitations for California fraud claim

  15. Section 1638 - Language governs interpretation

    Cal. Civ. Code § 1638   Cited 1,393 times
    Governing interpretation of contracts

  16. Section 1641 - Whole of contract taken together

    Cal. Civ. Code § 1641   Cited 1,253 times   1 Legal Analyses
    Specifying that, when interpreting the language of a contract, the court should give effect to every provision

  17. Section 1858 - Office of judge in construction of statute or instrument

    Cal. Code Civ. Proc. § 1858   Cited 900 times
    Interpreting statutes

  18. Section 1644 - Word understood in ordinary and popular sense

    Cal. Civ. Code § 1644   Cited 746 times   3 Legal Analyses
    Noting that if parties give a term a special meaning, courts must follow the special meaning

  19. Section 1201 - Circumvention of copyright protection systems

    17 U.S.C. § 1201   Cited 573 times   33 Legal Analyses
    Making it a violation to "circumvent a technological measure that effectively controls access to a work protected under [the Copyright Act]"