§Why CasetextPricing

Blake R. Williams et al v. Oberon Media, Inc. et al

REPLY In Support Of MOTION to Dismiss Plaintiffs' First, Second and Fourth Causes of Action MOTION for More Definite Statement MOTION to Strike Portions of Complaint Complaint -

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,896 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 279,933 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. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,460 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,329 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"

  5. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,894 times   7 Legal Analyses
    Holding that plaintiffs did not have standing because their injury was " 'conjectural or hypothetical' in that it depend[ed] on how legislators respond[ed] to a reduction in revenue"

  6. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,358 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

  7. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 713 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  8. Cetacean Community v. Bush

    386 F.3d 1169 (9th Cir. 2004)   Cited 469 times   8 Legal Analyses
    Holding that where a plaintiff lacks Article III standing, an Article III federal court lacks subject matter jurisdiction to hear the case and must dismiss the suit under Rule 12(b)

  9. Kearney v. Salomon Smith Barney, Inc.

    39 Cal.4th 95 (Cal. 2006)   Cited 245 times   9 Legal Analyses
    Finding that a defendant can be liable under section 632 for recording its own conversation with plaintiff if plaintiff did not consent to the recording

  10. Sanders v. Apple Inc.

    672 F. Supp. 2d 978 (N.D. Cal. 2009)   Cited 178 times   1 Legal Analyses
    Granting motion to strike with leave to amend to define a narrower class

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,952 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,136 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,405 times   316 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,694 times   104 Legal Analyses
    Relating to mail fraud

  15. Section 1344 - Bank fraud

    18 U.S.C. § 1344   Cited 5,084 times   61 Legal Analyses
    Defining the maximum prison terms for wire fraud that affects a financial institution and bank fraud, which define the penalties for the conspiracy crime that Anderson pleaded guilty to according to 18 U.S.C. § 1349, as "not more than 30 years"

  16. Section 484 - Theft

    Cal. Pen. Code § 484   Cited 2,860 times   4 Legal Analyses
    Outlining the elements of both theories

  17. Section 1671 - Validity of liquidated damages provision

    Cal. Civ. Code § 1671   Cited 504 times   17 Legal Analyses
    Invalidating unreasonable liquidated damages

  18. Section 486 - Degrees of theft

    Cal. Pen. Code § 486   Cited 122 times
    Delineating grand and petty theft

  19. Section 1607 - Administrative enforcement

    15 U.S.C. § 1607   Cited 114 times   4 Legal Analyses
    In 15 U.S.C. § 1607(e), the Act, after providing that the enforcing agency is authorized to require a lender to make an adjustment to a borrower to whom an annual percentage rate or finance charge "was inaccurately disclosed," to assure that the borrower is not required to pay a finance charge in excess of that "actually disclosed," provides that, with exceptions not here applicable, "no adjustment shall be ordered"