§Why CasetextPricing

Brian Davis v. Blazin Wings, Inc. et al

NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State A Claim

37 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 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 280,791 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. Moss v. U.S. Secret Service

    572 F.3d 962 (9th Cir. 2009)   Cited 8,972 times
    Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

  4. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,829 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  5. Crosby v. Hospital Authority of Valdosta

    520 U.S. 1116 (1997)   Cited 229 times
    Holding that a party must assert the same reasons in its Rule 50(b) motion as advanced in its Rule 50 motion

  6. Morgan v. Regents of University of California

    88 Cal.App.4th 52 (Cal. Ct. App. 2000)   Cited 653 times   4 Legal Analyses
    Holding plaintiff "must obtain from the [DFEH] a notice of right to sue in order to be entitled to file a civil action in court based on violations of FEHA"

  7. Turner v. Anheuser-Busch, Inc.

    7 Cal.4th 1238 (Cal. 1994)   Cited 688 times   1 Legal Analyses
    Holding that plaintiff's "claim of whistle-blower harassment fails because he cannot demonstrate the required nexus between his reporting of alleged statutory violations and his allegedly adverse treatment"

  8. Tameny v. Atlantic Richfield Co.

    27 Cal.3d 167 (Cal. 1980)   Cited 841 times   6 Legal Analyses
    Holding that at-will employees may recover tort damages from employers if they can show they were discharged in contravention of fundamental public policy

  9. Gantt v. Sentry Insurance

    1 Cal.4th 1083 (Cal. 1992)   Cited 361 times
    Holding that a claim for retaliatory dismissal for supporting a coworker's claim of sexual harassment is not precluded by workers' compensation remedies

  10. Sanders v. Arneson Products, Inc.

    91 F.3d 1351 (9th Cir. 1996)   Cited 249 times   1 Legal Analyses
    Holding that temporary injuries with minimal lasting effects are not generally disabilities actionable under the ADA

  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 362,607 times   962 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,446 times   316 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,357 times   127 Legal Analyses
    Providing only statutory penalties

  15. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,833 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  16. Section 1102.5 - Whistleblower protection

    Cal. Lab. Code § 1102.5   Cited 1,292 times   41 Legal Analyses
    Making it unlawful for an employer to impose any policy which "prevent an employee from disclosing information to a government or law enforcement agency ... or to another employee who has authority to investigate, discover, or correct the violation or noncompliance"

  17. Section 512 - Meal periods

    Cal. Lab. Code § 512   Cited 1,209 times   33 Legal Analyses
    Imposing these same meal break rules for all employees unless otherwise exempted

  18. Section 2802 - Indemnification for necessary expenditures and losses incurred in direct consequence of discharge of duties

    Cal. Lab. Code § 2802   Cited 1,148 times   122 Legal Analyses
    Pertaining to expense reimbursements

  19. Section 12940 - [Effective Until 1/1/2025] Unlawful employment practices

    Cal. Gov. Code § 12940   Cited 1,051 times
    Prohibiting discrimination because of "sex, ... sexual orientation," etc.

  20. Section 204 - Payment of wages; frequency

    Cal. Lab. Code § 204   Cited 697 times   20 Legal Analyses
    Requiring semi-monthly payments within specified dates for work performed within specified dates