68 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,946 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
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
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,916 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
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'"
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,704 times 17 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Ellis v. Costco Wholesale Corp.
657 F.3d 970 (9th Cir. 2011) Cited 1,175 times 17 Legal Analyses
Holding that plaintiffs' commonality must connect to their claim for class relief
Brinker Rest. Corp. v. Superior Court of San Diego Cnty.
53 Cal.4th 1004 (Cal. 2012) Cited 827 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"
Fantasy, Inc. v. Fogerty
984 F.2d 1524 (9th Cir. 1993) Cited 1,395 times 1 Legal Analyses
Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action
Murphy v. Kenneth Cole Productions Inc.
40 Cal.4th 1094 (Cal. 2007) Cited 525 times 19 Legal Analyses
Holding that California Labor Code claims have a three-year statute of limitations
Sidney-Vinstein v. A.H. Robins Co.
697 F.2d 880 (9th Cir. 1983) Cited 1,001 times
Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments
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
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. . . ."
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,784 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 201 - Short title
29 U.S.C. § 201 Cited 21,496 times 104 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,412 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,352 times 127 Legal Analyses
Providing only statutory penalties
Section 201 - Computation and payment of wages upon discharge
Cal. Lab. Code § 201 Cited 1,834 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"
Section 1021.5 - Attorney's fees in action resulting in enforcement of important right affecting public interest
Cal. Code Civ. Proc. § 1021.5 Cited 1,768 times 19 Legal Analyses
Providing that "a court may award" attorney's fees "to a successful party "
Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage
Cal. Lab. Code § 1194 Cited 1,828 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
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,706 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"

Andrew Dawson v. Hitco Carbon Composites, Inc. et al

68 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Holding that plaintiffs' commonality must connect to their claim for class relief

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"

Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

Holding that California Labor Code claims have a three-year statute of limitations

Holding that district courts have an obligation to hear motions requesting reconsideration of summary judgments

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Setting fourteen as the minimum age for most non-agricultural work

Prohibiting unlawful business practices

Providing only statutory penalties

Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

Providing that "a court may award" attorney's fees "to a successful party "

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

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"