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Candice Ritenour et al v. Carrington Mortgage Services, Llc

NOTICE OF MOTION AND MOTION to Dismiss Plaintiffs' Complaint Pursuant To F.R.C.P. 12

40 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Brinker Rest. Corp. v. Superior Court of San Diego Cnty.

    53 Cal.4th 1004 (Cal. 2012)   Cited 827 times   83 Legal Analyses
    Holding the employer is required to provide a meal period to employees, but "is not obligated to police meal breaks and ensure no work thereafter is performed"

  4. Murphy v. Kenneth Cole Productions Inc.

    40 Cal.4th 1094 (Cal. 2007)   Cited 525 times   19 Legal Analyses
    Holding that California Labor Code claims have a three-year statute of limitations

  5. Kirby v. Immoos Fire Protection, Inc.

    53 Cal.4th 1244 (Cal. 2012)   Cited 200 times   27 Legal Analyses
    Holding attorneys' fees “not authorized” for meal or rest period claims

  6. Gattuso v. Harte-Hanks Shoppers, Inc.

    42 Cal.4th 554 (Cal. 2007)   Cited 176 times   7 Legal Analyses
    Holding that In re Work Uniform and one other case "concerning [S]ection 2802's application to public entity employers" were "[n]ot relevant" and "unhelpful" in resolving the issues in the Gattuso case

  7. Brown v. Fed. Express Corp.

    249 F.R.D. 580 (C.D. Cal. 2008)   Cited 78 times   2 Legal Analyses
    Denying class certification where the plaintiff alleged that the defendant's policies "put such pressure on drivers that they cannot take required breaks" because individual issues predominated based on the variety of job classifications, job duties, volume of work, employee experience, and other factors

  8. Reed v. County of Orange

    266 F.R.D. 446 (C.D. Cal. 2010)   Cited 48 times
    Concluding that having the same employer and engaging in similar law enforcement activities were "generalized commonalities" that did not make plaintiffs similarly situated within the meaning of the FLSA

  9. Washington v. Shack

    271 F.R.D. 629 (N.D. Cal. 2010)   Cited 46 times
    Finding that individual questions predominate in a meal-break claim

  10. Kenny v. Supercuts, Inc.

    252 F.R.D. 641 (N.D. Cal. 2008)   Cited 50 times   1 Legal Analyses
    Finding individual issues predominated, because "[l]iability cannot be established without individual trials for each class member . . ."

  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 361,353 times   960 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 163,831 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 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 115,787 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  14. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,348 times   127 Legal Analyses
    Providing only statutory penalties

  15. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,832 times   21 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

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

    Cal. Lab. Code § 1194   Cited 1,827 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

  17. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,661 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  18. Section 1453 - Removal of class actions

    28 U.S.C. § 1453   Cited 1,394 times   109 Legal Analyses
    Providing discretion to hear an appeal from a remand order

  19. Section 512 - Meal periods

    Cal. Lab. Code § 512   Cited 1,201 times   33 Legal Analyses
    Imposing these same meal break rules for all employees unless otherwise exempted

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

    Cal. Lab. Code § 2802   Cited 1,144 times   122 Legal Analyses
    Pertaining to expense reimbursements

  21. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 351 times   16 Legal Analyses
    Adopting this provision of the former CFR