51 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 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' "
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,422 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,794 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,629 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,755 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"
Mendiondo v. Centinela
521 F.3d 1097 (9th Cir. 2008) Cited 1,975 times 2 Legal Analyses
Holding that the heightened pleading requirements of Rule 9(b) do not apply
Livid Holdings Ltd. v. Salomon Smith Barney
403 F.3d 1050 (9th Cir. 2005) Cited 697 times
Finding that learning a company had substantially less cash than it had been led to believe material
Roby v. McKesson Corp.
47 Cal.4th 686 (Cal. 2009) Cited 530 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"
Kasky v. Nike
27 Cal.4th 939 (Cal. 2002) Cited 675 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
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 331,402 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 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
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,789 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."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,004 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 452 - Matters permitting judicial notice
Cal. Evid. Code § 452 Cited 8,046 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"
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 2,821 times 10 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 226 - Itemized statement of wages
Cal. Lab. Code § 226 Cited 2,278 times 127 Legal Analyses
Providing only statutory penalties
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,649 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"
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,613 times 29 Legal Analyses
Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

Bloomquist v. Covance, Inc. et al

51 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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' "

Holding that executive branch officers had qualified immunity

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

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"

Holding that the heightened pleading requirements of Rule 9(b) do not apply

Finding that learning a company had substantially less cash than it had been led to believe material

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"

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

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

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

Prohibiting unlawful business practices

Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

Stating plaintiff may recover punitive damages "in addition to the actual damages"

Providing only statutory penalties

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"

Requiring employers to pay 1.5 times the "regular rate of pay" for overtime