§Why CasetextPricing

Buckley H. Crispin v. Christian Audigier, Inc. et al

REPLY IN SUPPORT OF MOTION to Dismiss FIRST AMENDED COMPLAINT FOR

47 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,031 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

  2. ARCO Envtl. Remediation, L.L.C. v. Dept. of Health and Envtl. Quality

    213 F.3d 1108 (9th Cir. 2000)   Cited 3,295 times   2 Legal Analyses
    Holding that injunctive relief ordering the release of documentation to the public about a contaminated site does not challenge a pending cleanup effort because access to information "does not alter cleanup requirements or environmental standards" and does not "terminate or delay the ... cleanup"

  3. Wolf v. Walt Disney Pictures & Television

    162 Cal.App.4th 1107 (Cal. Ct. App. 2008)   Cited 558 times
    Holding that, in interpreting a contract, a court may provisionally review extrinsic evidence

  4. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 935 times
    Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

  5. De Jesus v. Sears, Roebuck & Co.

    87 F.3d 65 (2d Cir. 1996)   Cited 489 times
    Holding that it is appropriate to deny leave to amend "when a party has been given ample prior opportunity to allege a claim"

  6. Scholastic Ent. v. Fox Entertainment Grp.

    336 F.3d 982 (9th Cir. 2003)   Cited 359 times
    Holding that "[f]ederal courts have consistently dismissed complaints in copyright cases presenting only questions of contract law" for lack of subject matter jurisdiction

  7. Racine Laramie v. Dept. of P. R

    11 Cal.App.4th 1026 (Cal. Ct. App. 1992)   Cited 317 times
    Holding that an implied covenant "cannot be extended to create obligations not contemplated in the contract"

  8. S.O.S., Inc. v. Payday, Inc.

    886 F.2d 1081 (9th Cir. 1989)   Cited 265 times
    Holding that "[t]he critical question is not the existence but the scope of the license"

  9. Pension Trust Fund v. Federal Ins. Co.

    307 F.3d 944 (9th Cir. 2002)   Cited 183 times   4 Legal Analyses
    Holding that a fiduciary duty exists where the lender exercises dominion and control over the borrower

  10. Harris v. Emus Records Corp.

    734 F.2d 1329 (9th Cir. 1984)   Cited 258 times   1 Legal Analyses
    Concluding that district courts have "wide discretion in determining the amount of statutory damages to be awarded, constrained only by the specified maxima and minima"

  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 357,114 times   950 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 161,662 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."