11 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
Papasan v. Allain
478 U.S. 265 (1986) Cited 17,456 times 6 Legal Analyses
Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,958 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Federal Sav. and Loan Ins. Corp. v. Musacchio
695 F. Supp. 1053 (N.D. Cal. 1988) Cited 73 times
Finding that if plaintiff's complaint meets the notice requirements of Fed.R.Civ.P. 8, and defendants are provided with a sufficient basis to respond, the proper avenue for eliciting additional detail is through discovery
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. . . ."
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,352 times 127 Legal Analyses
Providing only statutory penalties
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"
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,662 times 29 Legal Analyses
Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
Section 512 - Meal periods
Cal. Lab. Code § 512 Cited 1,203 times 33 Legal Analyses
Imposing these same meal break rules for all employees unless otherwise exempted

Aristides Francisco v. Emeritus Corporation et al

11 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 Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Finding that if plaintiff's complaint meets the notice requirements of Fed.R.Civ.P. 8, and defendants are provided with a sufficient basis to respond, the proper avenue for eliciting additional detail is through discovery

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. . . ."

Providing only statutory penalties

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"

Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

Imposing these same meal break rules for all employees unless otherwise exempted