27 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,544 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,461 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
New Hampshire v. Maine
532 U.S. 742 (2001) Cited 4,542 times 17 Legal Analyses
Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,420 times 23 Legal Analyses
Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
In re Tobacco II Cases
46 Cal.4th 298 (Cal. 2009) Cited 1,203 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
Clemens v. DaimlerChrysler Corp.
530 F.3d 852 (9th Cir. 2008) Cited 911 times 5 Legal Analyses
Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,171 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
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 704 times 2 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
Daugherty v. American Honda Motor Co., Inc.
144 Cal.App.4th 824 (Cal. Ct. App. 2006) Cited 561 times 7 Legal Analyses
Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"
Arar v. Ashcroft
585 F.3d 559 (2d Cir. 2009) Cited 447 times 1 Legal Analyses
Holding that "[o]n a motion to dismiss, courts require enough facts to state a claim to relief that is plausible"
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,833 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 1760 - Liberal construction and application
Cal. Civ. Code § 1760 Cited 151 times
Stating the purpose of the CLRA is "to protect consumers against unfair and deceptive business practices"

Carlos Collado et al. v. Toyota Motor Sales, U.S.A., Inc.

27 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

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 "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"

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

Holding that a loan transaction is a business practice under the UCL

Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

Holding that "[o]n a motion to dismiss, courts require enough facts to state a claim to relief that is plausible"

Prohibiting unlawful business practices

Stating the purpose of the CLRA is "to protect consumers against unfair and deceptive business practices"