§Why CasetextPricing

Alejandro Rodriguez v. QG Printing Corp. et al

NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State A Claim

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  3. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,832 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,677 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  5. Arias v. Superior Court (Angelo Dairy)

    46 Cal.4th 969 (Cal. 2009)   Cited 596 times   13 Legal Analyses
    Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

  6. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 520 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  7. Jablon v. Dean Witter Co.

    614 F.2d 677 (9th Cir. 1980)   Cited 846 times
    Holding complaint may be dismissed on statute of limitations grounds where allegations therein, even when read with required liberality, would not permit plaintiff to prove statute was tolled

  8. In re Wal-Mart Stores, Inc., Wage Hour Lit.

    505 F. Supp. 2d 609 (N.D. Cal. 2007)   Cited 224 times
    Holding that the defendant's motions to dismiss or strike the class allegations are premature" where the defendant had not answered the complaint, discovery had not yet commenced, and no motion for class certification had been filed

  9. Caliber Bodyworks, Inc. v. Superior Court

    134 Cal.App.4th 365 (Cal. Ct. App. 2005)   Cited 203 times   6 Legal Analyses
    Holding that plaintiffs could not pursue civil penalties for a Section 558 violation without complying with the pre-filing notice and exhaustion requirements of PAGA

  10. Lu v. Hawaiian Gardens Casino, Inc.

    50 Cal.4th 592 (Cal. 2010)   Cited 110 times   5 Legal Analyses
    Concluding that California Labor Code § 351, which provides that employers shall not collect gratuities given to their employees, and that “[e]very gratuity is hereby declared to be the sole property of the employee or employees to whom it was paid, given, or left for,” did not expressly create a cause of action because it did not “unmistakably reveal a legislative intent to provide wronged employees a private right to sue”

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,123 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,295 times   127 Legal Analyses
    Providing only statutory penalties

  15. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,790 times   21 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  16. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,791 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  17. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,660 times   25 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  18. Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver

    Cal. Code Civ. Proc. § 340   Cited 1,577 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

  19. Section 2699 - Civil penalty; civil action by aggrieved employee to recover

    Cal. Lab. Code § 2699   Cited 1,338 times   34 Legal Analyses
    Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees

  20. Section 2802 - Indemnification for necessary expenditures and losses incurred in direct consequence of discharge of duties

    Cal. Lab. Code § 2802   Cited 1,111 times   122 Legal Analyses
    Pertaining to expense reimbursements