§Why CasetextPricing

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

Memorandum in Opposition to Defendant's Motion to Dismiss Unjust Enrichment Claim

21 Cited authorities

  1. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,267 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'"

  2. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,357 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  3. Steckman v. Hart Brewing, Inc.

    143 F.3d 1293 (9th Cir. 1998)   Cited 1,058 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”

  4. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,565 times
    Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

  5. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 962 times
    Setting forth elements of a FHA claim

  6. Paracor Finance, Inc. v. Gen. El. Cap. Corp.

    79 F.3d 878 (9th Cir. 1996)   Cited 567 times   2 Legal Analyses
    Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

  7. Smilecare Dental Gr. v. Delta Dental Plan

    88 F.3d 780 (9th Cir. 1996)   Cited 429 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"

  8. Hedging Concepts, Inc. v. First Alliance Mortgage Co.

    41 Cal.App.4th 1410 (Cal. Ct. App. 1996)   Cited 211 times
    Holding that claim for quantum meruit does not lie where there are actual contract terms governing payment

  9. Accuimage Diagnostics Corp v. Terarecon, Inc.

    260 F. Supp. 2d 941 (N.D. Cal. 2003)   Cited 132 times
    Holding that common law claims based on misappropriation of trade secrets are preempted by CUTSA

  10. Berkla v. Corel Corp.

    290 F.3d 983 (9th Cir. 2002)   Cited 72 times
    Holding that a district court may not look to a prevailing plaintiff's rejection of a non-Rule 68 settlement offer to justify a discretionary decision to deny costs pursuant to Rule 54(d) because to hold otherwise would undermine the effectiveness of Rule 68

  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 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

  12. 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. . . ."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,123 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,709 times   65 Legal Analyses
    Requiring action that originated in California to effect consumers in another state