74 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,704 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,828 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"
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,245 times 5 Legal Analyses
Holding that circumstances constituting fraud must be stated with particularity
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,557 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
In re Tobacco II Cases
46 Cal.4th 298 (Cal. 2009) Cited 1,202 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
Mazza v. American Honda Motor Co.
666 F.3d 581 (9th Cir. 2012) Cited 966 times 51 Legal Analyses
Holding that false advertising "class must be defined in such a way as to include only members who were exposed to advertising that is alleged to be materially misleading"
Williams v. Gerber Products
552 F.3d 934 (9th Cir. 2008) Cited 914 times 35 Legal Analyses
Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
Maya v. Centex Corp..
658 F.3d 1060 (9th Cir. 2011) Cited 773 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"
Coto Settlement v. Eisenberg
593 F.3d 1031 (9th Cir. 2010) Cited 798 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
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,165 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
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 344,310 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,143 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 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,484 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,785 times 315 Legal Analyses
Prohibiting unlawful business practices
Rule 401 - Test for Relevant Evidence
Fed. R. Evid. 401 Cited 13,338 times 34 Legal Analyses
Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 6,622 times 10 Legal Analyses
Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
Rule 901 - Authenticating or Identifying Evidence
Fed. R. Evid. 901 Cited 5,135 times 47 Legal Analyses
Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,491 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"
Rule 57 - Declaratory Judgment
Fed. R. Civ. P. 57 Cited 1,548 times 4 Legal Analyses
Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39
Section 1693m - Civil liability
15 U.S.C. § 1693m Cited 314 times 3 Legal Analyses
Providing a good faith defense to claims related to consumer credit protection

Bohannon v. Facebook, Inc.

74 Cited authorities

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that circumstances constituting fraud must be stated with particularity

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

Holding that false advertising "class must be defined in such a way as to include only members who were exposed to advertising that is alleged to be materially misleading"

Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"

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"

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

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

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

Granting district courts the authority to create a remedy with the force of a final judgment

Prohibiting unlawful business practices

Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"

Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

Holding that "[t]estimony that a matter is what it is claimed to be" is sufficient authentication

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39

Providing a good faith defense to claims related to consumer credit protection