68 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,776 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 268,550 times   366 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. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,381 times   44 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"
  4. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,655 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
  5. Guz v. Bechtel National, Inc.

    24 Cal.4th 317 (Cal. 2000)   Cited 3,256 times   4 Legal Analyses
    Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
  6. Fox v. Ethicon Endo-Surgery, Inc.

    35 Cal.4th 797 (Cal. 2005)   Cited 1,248 times   2 Legal Analyses
    Holding that "[r]esolution of the statute of limitations issue is normally a question of fact."
  7. Davis v. HSBC Bank Nevada, N.A.

    691 F.3d 1152 (9th Cir. 2012)   Cited 647 times   10 Legal Analyses
    Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"
  8. Applied Equipment Corp. v. Litton Saudi Arabia Ltd.

    7 Cal.4th 503 (Cal. 1994)   Cited 1,176 times   5 Legal Analyses
    Holding that there is no separate cause of action for civil conspiracy, and that to establish such an action, a plaintiff must show some other underlying tort or civil wrong
  9. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 706 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL
  10. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 804 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements
  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 348,046 times   927 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 39,076 times   320 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,258 times   120 Legal Analyses
    Granting protection to "literary works"
  14. Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing

    Cal. Code Civ. Proc. § 339   Cited 1,515 times   1 Legal Analyses
    Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
  15. Section 1624 - Contracts deemed invalid unless note or memorandum in writing

    Cal. Civ. Code § 1624   Cited 1,319 times   4 Legal Analyses
    Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"
  16. Section 1 - Number of justices; quorum

    28 U.S.C. § 1   Cited 223 times
    Explaining that marriage is a “personal relation arising out of a civil contract”
  17. Section 1530 - Novation defined

    Cal. Civ. Code § 1530   Cited 134 times

    Novation is the substitution of a new obligation for an existing one. Ca. Civ. Code § 1530 Enacted 1872.