§Why CasetextPricing

Alejandro Rodriguez v. QG Printing Corp. et al

NOTICE OF MOTION AND MOTION to Dismiss Case Plaintiff's First Amended Complaint for Failure to State A Claim

41 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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

  3. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,893 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,393 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'"

  5. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,734 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  6. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,376 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  7. Nakahata v. N.Y.-Presbyterian Healthcare Sys., Inc.

    723 F.3d 192 (2d Cir. 2013)   Cited 648 times   3 Legal Analyses
    Holding "[a]llegations of fraud are subject to a heightened pleading standard"

  8. Arias v. Superior Court (Angelo Dairy)

    46 Cal.4th 969 (Cal. 2009)   Cited 601 times   13 Legal Analyses
    Holding that proof of a Labor Code violation is a prerequisite to recovery of PAGA penalties

  9. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 521 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  10. Jablon v. Dean Witter Co.

    614 F.2d 677 (9th Cir. 1980)   Cited 851 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

  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 357,835 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 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 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,266 times   315 Legal Analyses
    Prohibiting unlawful business practices

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

    Cal. Lab. Code § 201   Cited 1,812 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"

  15. 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 1,586 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

  16. Section 204 - Payment of wages; frequency

    Cal. Lab. Code § 204   Cited 682 times   20 Legal Analyses
    Requiring semi-monthly payments within specified dates for work performed within specified dates

  17. Section 1174 - Duties of employers

    Cal. Lab. Code § 1174   Cited 390 times   2 Legal Analyses
    Requiring employers to keep payroll records of hours worked daily by employees

  18. Section 1197.1 - Liability of employer or other person; citation issued

    Cal. Lab. Code § 1197.1   Cited 313 times   4 Legal Analyses
    Granting all rights under the section to the Labor Commissioner