16 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Simmons v. Navajo County
609 F.3d 1011 (9th Cir. 2010) Cited 3,814 times 1 Legal Analyses
Holding that deliberate indifference requires the plaintiff to show the official was subjectively aware of the serious medical need and failed to adequately respond
In re Tobacco II Cases
46 Cal.4th 298 (Cal. 2009) Cited 1,215 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
Barnes v. AT&T Pension Benefit Plan
718 F. Supp. 2d 1167 (N.D. Cal. 2010) Cited 404 times 1 Legal Analyses
Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits
Wyshak v. City Nat. Bank
607 F.2d 824 (9th Cir. 1979) Cited 650 times
Holding that plaintiff was not prejudiced by assertion of statute of limitations defense in amended answer because the defense would have been "effective at the outset of [plaintiff's] suit."
Rosales v. Citibank, Federal Sav. Bank
133 F. Supp. 2d 1177 (N.D. Cal. 2001) Cited 182 times
Denying a motion to strike a UCL cause of action because "where a measurable amount has been taken from a person in the course of an unfair business practice, that loss can be restored to the victim"
Kohler v. Islands Restaurants, LP
280 F.R.D. 560 (S.D. Cal. 2012) Cited 116 times
Holding that "[b]ecause there are several grounds upon which Islands may be relying in this matter, the Court finds that its bare assertion of the defense provides inadequate notice"
Shaterian v. Wells Fargo Bank, N.A.
829 F. Supp. 2d 873 (N.D. Cal. 2011) Cited 74 times
Finding a request for declaratory relief unavailable "absent a viable underlying claim"
United States v. Wang
404 F. Supp. 2d 1155 (N.D. Cal. 2005) Cited 24 times 1 Legal Analyses
Holding that the government may institute a denaturalization proceeding at any time
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,123 times 315 Legal Analyses
Prohibiting unlawful business practices

Chacanaca et al v. The Quaker Oats Company

16 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that deliberate indifference requires the plaintiff to show the official was subjectively aware of the serious medical need and failed to adequately respond

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 Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

Holding that plaintiff was not prejudiced by assertion of statute of limitations defense in amended answer because the defense would have been "effective at the outset of [plaintiff's] suit."

Denying a motion to strike a UCL cause of action because "where a measurable amount has been taken from a person in the course of an unfair business practice, that loss can be restored to the victim"

Holding that "[b]ecause there are several grounds upon which Islands may be relying in this matter, the Court finds that its bare assertion of the defense provides inadequate notice"

Finding a request for declaratory relief unavailable "absent a viable underlying claim"

Holding that the government may institute a denaturalization proceeding at any time

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Prohibiting unlawful business practices