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Belen Torrez v. Freedom Mortgage Corporation, et al

NOTICE OF MOTION AND MOTION to Dismiss Plaintiff's Complaint ; Memorandum of Points and Authorities in Support Thereof

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,808 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  4. Sprewell v. Golden State Warriors

    266 F.3d 979 (9th Cir. 2001)   Cited 5,287 times   4 Legal Analyses
    Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

  5. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 3,047 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"

  6. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,946 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  7. Albrecht v. Lund

    845 F.2d 193 (9th Cir. 1988)   Cited 460 times
    Holding leave to amend is not required where the facts are not in dispute, and there is no liability as a matter of substantive law

  8. Tan v. Grubhub, Inc.

    171 F. Supp. 3d 998 (N.D. Cal. 2016)   Cited 81 times
    Finding FLSA claim too conclusory because "[t]here are no allegations about what period of time or type of conduct Plaintiffs are counting as hours worked. Without these basic factual allegations, the Court cannot conclude that Plaintiffs' minimum wage or overtime claims are plausible."

  9. Perez v. Wells Fargo and Co.

    75 F. Supp. 3d 1184 (N.D. Cal. 2014)   Cited 34 times
    Finding that under Landers, bare allegations that plaintiffs "regularly" or "consistently" worked more than 40 hours a week fall short of the Iqbal/Twombly standard

  10. Guerrero v. Halliburton Energy Servs., Inc.

    231 F. Supp. 3d 797 (E.D. Cal. 2017)   Cited 18 times
    Holding that section 226.7 wages do not constitute restitution recoverable under the UCL

  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 361,353 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 163,831 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. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,787 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,392 times   316 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,348 times   127 Legal Analyses
    Providing only statutory penalties

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

    Cal. Lab. Code § 201   Cited 1,832 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 1,705 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 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,661 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  20. Section 512 - Meal periods

    Cal. Lab. Code § 512   Cited 1,201 times   33 Legal Analyses
    Imposing these same meal break rules for all employees unless otherwise exempted