31 Cited authorities

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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,319 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Associated General Contractors v. Carpenters
459 U.S. 519 (1983) Cited 5,220 times 34 Legal Analyses
Holding that a union lacked standing to sue for injuries passed on to it by intermediaries
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,355 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
Ivey v. Board of Regents of Univ. of Alaska
673 F.2d 266 (9th Cir. 1982) Cited 11,245 times
Holding that vague and conclusory allegations of official participation in civil rights violations are insufficient to withstand a motion to dismiss
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”
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,357 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Jones v. Community Redevelopment Agency
733 F.2d 646 (9th Cir. 1984) Cited 3,885 times
Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"
Edwards v. Marin Park, Inc.
356 F.3d 1058 (9th Cir. 2004) Cited 1,356 times
Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss
In re Glenfed, Inc. Securities Litigation
42 F.3d 1541 (9th Cir. 1994) Cited 1,728 times 3 Legal Analyses
Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
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
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. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,114 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1710 - Deceit defined
Cal. Civ. Code § 1710 Cited 907 times 2 Legal Analyses
Defining "deceit"
Section 1572 - Actual fraud
Cal. Civ. Code § 1572 Cited 852 times 2 Legal Analyses
Imposing statutory duty on contracting parties to refrain from making "promise without any intention of performing it"
Section 1709 - Willfully deceiving another
Cal. Civ. Code § 1709 Cited 739 times 2 Legal Analyses
Requiring willful deception

Berger et al v. Seyfarth Shaw, LLP et al

31 Cited authorities

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 "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that a union lacked standing to sue for injuries passed on to it by intermediaries

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

Holding that vague and conclusory allegations of official participation in civil rights violations are insufficient to withstand a motion to dismiss

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”

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding insufficient to support a § 1983 claim bare allegations of discrimination against African-Americans "unsupported by any facts as to how race entered into any decisions"

Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss

Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

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. . . ."

Requiring that fraud be pleaded with particularity

Defining "deceit"

Imposing statutory duty on contracting parties to refrain from making "promise without any intention of performing it"

Requiring willful deception