51 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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 267,331 times   365 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. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,309 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  4. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,737 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
  5. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,559 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
  6. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,688 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
  7. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 1,950 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply
  8. Livid Holdings Ltd. v. Salomon Smith Barney

    416 F.3d 940 (9th Cir. 2005)   Cited 693 times
    Finding that learning a company had substantially less cash than it had been led to believe material
  9. Roby v. McKesson Corp.

    47 Cal.4th 686 (Cal. 2009)   Cited 524 times   5 Legal Analyses
    Holding "there is no basis for excluding evidence of biased personnel management actions so long as that evidence is relevant to prove the communication of a hostile message"
  10. Kasky v. Nike

    27 Cal.4th 939 (Cal. 2002)   Cited 668 times   6 Legal Analyses
    Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices 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 346,675 times   923 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,349 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,862 times   315 Legal Analyses
    Prohibiting unlawful business practices
  16. Section 452 - Matters permitting judicial notice

    Cal. Evid. Code § 452   Cited 7,947 times   1 Legal Analyses
    Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"
  17. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,794 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"
  18. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,247 times   125 Legal Analyses
    Providing only statutory penalties
  19. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,625 times   23 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"
  20. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,591 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime