10 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,185 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
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,378 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'"
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,340 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Jones v. Community Redevelopment Agency
733 F.2d 646 (9th Cir. 1984) Cited 3,865 times
Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"
Moore v. Kayport Package Exp., Inc.
885 F.2d 531 (9th Cir. 1989) Cited 1,874 times
Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"
Glen Holly Entertainment, Inc. v. Tektronix, Inc.
100 F. Supp. 2d 1086 (C.D. Cal. 1999) Cited 107 times
Holding statement that product had "superior interface" was puffery
Rich Whillock, Inc. v. Ashton Development Inc.
157 Cal.App.3d 1154 (Cal. Ct. App. 1984) Cited 117 times
Holding that economic duress does not apply when "conventional alternatives and remedies" are still available
VANG v. HUDSON
No. CIV S-09-1621 MCE DAD PS (E.D. Cal. Jul. 17, 2009)
No. CIV S-09-1621 MCE DAD PS. July 17, 2009 ORDER DALE DROZD, Magistrate Judge The pro se plaintiff has filed a document that purports to be a "Definite Notice of Time Extension" pertaining to defendants' June 17, 2009 motion. Plaintiff cites "F.R.C.P. 6-144(b)." As there is no Federal Rule of Civil Procedure numbered 6-144(b), the court surmises that plaintiff intended to cite Local Rule 6-144(b). Plaintiff characterizes the June 17, 2009 motion as "defendants Hudson/Skelton, CDE/Witter, and HAD/Motooka's
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 357,280 times 950 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,830 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Adel Attili v. Bank of America

10 Cited authorities

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

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"

Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

Holding statement that product had "superior interface" was puffery

Holding that economic duress does not apply when "conventional alternatives and remedies" are still available

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

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure