§Why CasetextPricing

Arash Hashemi et al v. DR Pepper Snapple Group, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,785 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,756 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,127 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  4. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 2,994 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  5. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,494 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  6. O'Shea v. Littleton

    414 U.S. 488 (1974)   Cited 4,078 times   5 Legal Analyses
    Holding that "[p]ast exposure to illegal conduct does not in itself show a present case or controversy regarding injunctive relief ... if unaccompanied by any continuing, present adverse effects"

  7. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,192 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims

  8. Johnson v. California

    543 U.S. 499 (2005)   Cited 811 times   4 Legal Analyses
    Holding that "express racial classifications" remain subject to strict scrutiny even in the prison context

  9. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,645 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  10. Cafasso v. General Dynamics C4 Systems

    637 F.3d 1047 (9th Cir. 2011)   Cited 2,479 times   15 Legal Analyses
    Holding a complaint failed to satisfy Rule 9(b) where the allegations were lacking in detail

  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 344,855 times   920 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,189 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 17,800 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 1750 - Title of act

    Cal. Civ. Code § 1750   Cited 2,663 times   67 Legal Analyses

    This title may be cited as the Consumers Legal Remedies Act. Ca. Civ. Code § 1750 Added by Stats. 1970, Ch. 1550.

  16. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,652 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  17. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 364 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"

  18. Section 2314 - Implied warranty: merchantability; usage of trade

    Cal. Com. Code § 2314   Cited 319 times   1 Legal Analyses
    Adopting and codifying Uniform Commercial Code § 2-314

  19. Section 4-2-314 - Implied warranty - merchantability - usage of trade

    Colo. Rev. Stat. § 4-2-314   Cited 38 times

    (1) Unless excluded or modified (section 4-2-316 ), a warranty that the goods shall be merchantable is implied in a contract for their sale if the seller is a merchant with respect to goods of that kind. Under this section, the serving for value of food or drink to be consumed either on the premises or elsewhere is a sale. (2) Goods to be merchantable must be at least such as: (a) Pass without objection in the trade under the contract description; and (b) In the case of fungible goods, are of fair

  20. Section 4-2-313 - Express warranties by affirmation, promise, description, sample

    Colo. Rev. Stat. § 4-2-313   Cited 35 times

    (1) Express warranties by the seller are created as follows: (a) Any affirmation of fact or promise made by the seller to the buyer which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods shall conform to the affirmation or promise. (b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods shall conform to the description. (c) Any sample or model which is made part of the basis