Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 15,979 times 5 Legal AnalysesHolding 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'"
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,536 times 1 Legal AnalysesHolding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
Ascon Properties, Inc. v. Mobil Oil Co.
866 F.2d 1149 (9th Cir. 1989) Cited 1,320 timesHolding that the ninety-day notice requirement is jurisdictional
Lance Camper Manufacturing Corp. v. Republic Indemnity Co.
44 Cal.App.4th 194 (Cal. Ct. App. 1996) Cited 151 timesHolding quasi-contract "cannot lie where there exists between the parties a valid express contract covering the same subject matter"
Reed v. King
145 Cal.App.3d 261 (Cal. Ct. App. 1983) Cited 62 timesHolding that reputation and history may affect the value of a piece of property
Wilke v. Coinway, Inc.
257 Cal.App.2d 126 (Cal. Ct. App. 1967) Cited 23 timesAllowing rescission of a contract to purchase coin operated machines on the basis of fraudulent misrepresentations
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 345,529 times 922 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss