34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 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 277,112 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. Manzarek v. Marine

    519 F.3d 1025 (9th Cir. 2008)   Cited 2,914 times   1 Legal Analyses
    Holding that in evaluating a complaint on a motion to dismiss, the court “accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the nonmoving party”
  4. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 820 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"
  5. North Star Intern. v. Arizona Corp. Com'n

    720 F.2d 578 (9th Cir. 1983)   Cited 2,264 times
    Holding that district court properly treated motion as motion to dismiss, despite presence of affidavits, where there was no indication of the court's reliance on outside materials and the court expressly stated that it was dismissing for failure to state a claim upon which relief could be granted
  6. Adams v. Johnson

    355 F.3d 1179 (9th Cir. 2004)   Cited 997 times   1 Legal Analyses
    Holding that Bivens relief is unavailable against IRS auditors for conducting tax assessments and collections
  7. Fayer v. Vaughn

    649 F.3d 1061 (9th Cir. 2011)   Cited 760 times   1 Legal Analyses
    Holding that courts "accept factual allegations in the complaint as true and construe the pleadings in the light most favorable to the non-moving party"
  8. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 711 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL
  9. Fraley v. Facebook, Inc.

    830 F. Supp. 2d 785 (N.D. Cal. 2011)   Cited 98 times   2 Legal Analyses
    Holding that mental anguish and economic injury can suffice as sufficient harms
  10. Corbin v. Time Warner Entm't Advance/Newhouse P'ship

    821 F.3d 1069 (9th Cir. 2016)   Cited 74 times   6 Legal Analyses
    Holding that the FLSA requires rounding policies to be both facially neutral and neutral in application
  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 358,269 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. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,278 times   315 Legal Analyses
    Prohibiting unlawful business practices
  13. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,324 times   127 Legal Analyses
    Providing only statutory penalties
  14. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,813 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 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,688 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"
  16. Section 2699.3 - Requirements for commencing civil action

    Cal. Lab. Code § 2699.3   Cited 293 times   2 Legal Analyses
    Requiring notice to LWDA by certified mail
  17. Section 785.48 - Use of time clocks

    29 C.F.R. § 785.48   Cited 159 times   27 Legal Analyses
    Requiring employers to compensate employees for "all the time they have actually worked"