74 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 21,997 times   122 Legal Analyses
    Holding that a sufficient specification of when the injury in fact will occur is necessary
  2. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 10,206 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants’ actions"
  3. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 1,807 times   4 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  4. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,315 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  5. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,079 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  6. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 740 times   48 Legal Analyses
    Holding that it is not necessary to apply "California law to the claims of foreign residents concerning acts that took place in other states where cars were purchased or leased" in order to further California’s interest in regulating activities within California
  7. Engalla v. Permanente Med. Grp., Inc.

    15 Cal.4th 951 (Cal. 1997)   Cited 1,009 times
    Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
  8. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 694 times   33 Legal Analyses
    Holding false or deceptive advertising claims under the FAL, the CLRA, and the fraudulent and unfair prongs of the UCL are governed by the "reasonable consumer" standard
  9. Coto Settlement v. Eisenberg

    593 F.3d 1031 (9th Cir. 2010)   Cited 601 times
    Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance
  10. Maya v. Centex Corp..

    658 F.3d 1060 (9th Cir. 2011)   Cited 521 times   1 Legal Analyses
    Holding that homeowners in a housing development had suffered an injury-in-fact from homebuilders' alleged failure to disclose that they were advertising to unqualified buyers because "plaintiffs spent money that, absent defendants' actions, they would not have spent"
  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 270,437 times   785 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 21,941 times   27 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."
  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 21,872 times   58 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 14,963 times   278 Legal Analyses
    Prohibiting unlawful business practices
  15. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 10,904 times   31 Legal Analyses
    Defining evidence as relevant if "it has any tendency to make a fact more or less probable than it would be without the evidence; and the fact is of consequence in determining the action"
  16. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 5,114 times   10 Legal Analyses
    Observing "irrelevant evidence is not admissible"
  17. Rule 901 - Authenticating or Identifying Evidence

    Fed. R. Evid. 901   Cited 4,288 times   34 Legal Analyses
    Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
  18. Rule 602 - Need for Personal Knowledge

    Fed. R. Evid. 602   Cited 2,798 times   10 Legal Analyses
    Requiring a witness to have personal knowledge
  19. Rule 57 - Declaratory Judgment

    Fed. R. Civ. P. 57   Cited 1,208 times   3 Legal Analyses
    Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39
  20. Section 1693m - Civil liability

    15 U.S.C. § 1693m   Cited 282 times   2 Legal Analyses
    Providing for individual and class actions against "any person who fails to comply with any provision of [the EFTA] with respect to any consumer"