§Why CasetextPricing

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

NOTICE OF MOTION AND MOTION to Dismiss Case Motion to Dismiss and/or Strike Plaintiff's First Amended Complaint

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. 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

  4. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,514 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. 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"

  6. 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

  7. 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

  8. 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

  9. Kirby v. Immoos Fire Protection, Inc.

    53 Cal.4th 1244 (Cal. 2012)   Cited 200 times   27 Legal Analyses
    Holding attorneys' fees “not authorized” for meal or rest period claims

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

    505 F. Supp. 2d 609 (N.D. Cal. 2007)   Cited 228 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

  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 361,487 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

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 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. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,767 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."

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,400 times   316 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,349 times   127 Legal Analyses
    Providing only statutory penalties

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

    Cal. Lab. Code § 201   Cited 1,833 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"

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

    Cal. Lab. Code § 1194   Cited 1,827 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

  18. 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"

  19. 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 1,596 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

  20. Section 512 - Meal periods

    Cal. Lab. Code § 512   Cited 1,202 times   33 Legal Analyses
    Imposing these same meal break rules for all employees unless otherwise exempted