47 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,880 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,422 times 22 Legal Analyses
Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
Whittlestone, Inc. v. Handi-Craft Co.
618 F.3d 970 (9th Cir. 2010) Cited 1,322 times 2 Legal Analyses
Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,655 times 16 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Von Saher v. Norton Simon Museum of Art
578 F.3d 1016 (9th Cir. 2009) Cited 1,190 times
Holding that a court may take judicial notice of publications to establish what was in the public realm at the time
Schreiber Distributing v. Serv-Well Furniture
806 F.2d 1393 (9th Cir. 1986) Cited 2,289 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."
Livid Holdings Ltd. v. Salomon Smith Barney
416 F.3d 940 (9th Cir. 2005) Cited 693 times
Finding that learning a company had substantially less cash than it had been led to believe material
Allee v. Medrano
416 U.S. 802 (1974) Cited 463 times
Holding "a named plaintiff cannot acquire standing to sue by bringing his action on behalf of others who suffered injury which would have afforded them standing had they been named plaintiffs; it bears repeating that a person cannot predicate standing on injury which he does not share."
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 346,412 times 923 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 156,480 times 194 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 17,850 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 207 - Maximum hours
29 U.S.C. § 207 Cited 10,473 times 227 Legal Analyses
Establishing overtime rules
Section 201 - Computation and payment of wages upon discharge
Cal. Lab. Code § 201 Cited 1,754 times 20 Legal Analyses
Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"
Section 1021.5 - Attorney's fees in action resulting in enforcement of important right affecting public interest
Cal. Code Civ. Proc. § 1021.5 Cited 1,727 times 19 Legal Analyses
Providing that "a court may award" attorney's fees "to a successful party "
Section 203 - Failure to pay; penalties
Cal. Lab. Code § 203 Cited 1,625 times 23 Legal Analyses
Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"
Section 510 - Eight hour workday; compensation for overtime
Cal. Lab. Code § 510 Cited 1,589 times 29 Legal Analyses
Requiring employers to pay 1.5 times the "regular rate of pay" for overtime
Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver
Cal. Code Civ. Proc. § 340 Cited 1,567 times 4 Legal Analyses
Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
Section 2699 - Civil penalty; civil action by aggrieved employee to recover
Cal. Lab. Code § 2699 Cited 1,301 times 33 Legal Analyses
Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees

Cones v. Parexel International Corporation

47 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Holding that a court may take judicial notice of publications to establish what was in the public realm at the time

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."

Finding that learning a company had substantially less cash than it had been led to believe material

Holding "a named plaintiff cannot acquire standing to sue by bringing his action on behalf of others who suffered injury which would have afforded them standing had they been named plaintiffs; it bears repeating that a person cannot predicate standing on injury which he does not share."

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

Establishing overtime rules

Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

Providing that "a court may award" attorney's fees "to a successful party "

Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

Providing that "[a]ny employee who prevails in any action" shall be entitled to reasonable attorney's fees