16 Cited authorities

Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 16,393 times 5 Legal Analyses
Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
Steckman v. Hart Brewing, Inc.
143 F.3d 1293 (9th Cir. 1998) Cited 1,066 times 1 Legal Analyses
Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”
Robertson v. Dean Witter Reynolds, Inc.
749 F.2d 530 (9th Cir. 1984) Cited 1,572 times
Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order
Gilligan v. Jamco Development Corp.
108 F.3d 246 (9th Cir. 1997) Cited 963 times
Setting forth elements of a FHA claim
Smilecare Dental Gr. v. Delta Dental Plan
88 F.3d 780 (9th Cir. 1996) Cited 434 times
Holding that "[d]ismissal for failure to state a claim is appropriate where the complaint states no set of facts which, if true, would constitute an antitrust offense, notwithstanding its conclusory language regarding the elimination of competition and improper purpose"
Lance Camper Manufacturing Corp. v. Republic Indemnity Co.
44 Cal.App.4th 194 (Cal. Ct. App. 1996) Cited 152 times
Holding quasi-contract "cannot lie where there exists between the parties a valid express contract covering the same subject matter"
Gorman v. Wolpoff & Abramson, LLP
370 F. Supp. 2d 1005 (N.D. Cal. 2005) Cited 30 times
Adopting the statutory approach
Williams v. Vidmar
367 F. Supp. 2d 1265 (N.D. Cal. 2005) Cited 24 times
Finding a broadly identified class was sufficient to put defendants on notice where plaintiff sufficiently alleged that he was treated differently from other teachers because he is an "avowed Christian"
Paulsen v. CNF, Inc.
391 F. Supp. 2d 804 (N.D. Cal. 2005) Cited 4 times
NO. C 03-03960 JW. May 2, 2005. James M. Finberg, Steven M. Tindall, Lieff Cabraser Heimann Bernstein LLP, San Francisco, CA, Lisa T. Belenky, Lewis Feinberg, P.C., Teresa S. Renaker, Cassie Springer-Sullivan, Lewis Feinberg Renaker Jackson, P.C., Oakland, CA, for Plaintiffs. Sherwin S. Kaplan, Thelen Reid Priest LLP, Washington, DC, David L. Bacon, Thelen Reid Priest LLP, David E. Gordon, O'Melveny Myers LLP, Brian James Wright, Jeffer Mangels Butler Marmaro LLP, Los Angeles, CA, Michael Hallerud
Keiser v. Lake County Superior Court
No. C05-02310 MJJ (N.D. Cal. Dec. 12, 2005) Cited 2 times
Holding that plaintiff's federal claims were not barred by the pendency of her PERB charge even though they were "based on the same conduct underlying her PERB charge."
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 357,835 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,266 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,744 times 65 Legal Analyses
Requiring action that originated in California to effect consumers in another state

CLRB Hanson Industries, LLC et al v. Google Inc.

16 Cited authorities

Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”

Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

Setting forth elements of a FHA claim

Holding that "[d]ismissal for failure to state a claim is appropriate where the complaint states no set of facts which, if true, would constitute an antitrust offense, notwithstanding its conclusory language regarding the elimination of competition and improper purpose"

Holding quasi-contract "cannot lie where there exists between the parties a valid express contract covering the same subject matter"

Adopting the statutory approach

Finding a broadly identified class was sufficient to put defendants on notice where plaintiff sufficiently alleged that he was treated differently from other teachers because he is an "avowed Christian"

Holding that plaintiff's federal claims were not barred by the pendency of her PERB charge even though they were "based on the same conduct underlying her PERB charge."

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. . . ."

Prohibiting unlawful business practices

Requiring action that originated in California to effect consumers in another state