§Why CasetextPricing

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

Reply to Opposition re First MOTION to Dismiss Plaintiffs' Unjust Enrichment Claim

16 Cited authorities

  1. 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'"

  2. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,734 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  3. Thompson v. Illinois Dept. of Prof. Regulation

    300 F.3d 750 (7th Cir. 2002)   Cited 1,020 times
    Holding district court did not abuse its discretion when plaintiff failed to cure deficiencies that persisted from the first amended complaint after given multiple chances to amend after motions to dismiss were filed

  4. Foley v. Interactive Data Corp.

    47 Cal.3d 654 (Cal. 1988)   Cited 1,153 times   1 Legal Analyses
    Holding that tort damages are not available for breach of an employment contract

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

    79 F.3d 878 (9th Cir. 1996)   Cited 569 times   2 Legal Analyses
    Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

  6. McQuillion v. Schwarzenegger

    369 F.3d 1091 (9th Cir. 2004)   Cited 335 times
    Holding that a prisoner's successful habeas petition and subsequent relief rendered moot his claim for injunctive and declaratory relief under § 1983

  7. 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

  8. 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"

  9. 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

  10. Rader Co. v. Stone

    178 Cal.App.3d 10 (Cal. Ct. App. 1986)   Cited 52 times
    Noting that at pleading stage plaintiff may plead inconsistent and alternative counts

  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 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

  12. 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. . . ."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,026 times   148 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section 12 - Computation of time in which act provided bylaw to be done

    Cal. Code Civ. Proc. § 12   Cited 372 times   1 Legal Analyses
    Requiring the court to dismiss the action if subject matter jurisdiction is lacking