29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 261,772 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 275,105 times   368 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,305 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
  4. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,910 times   1 Legal Analyses
    Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim
  5. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 3,017 times
    Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"
  6. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,722 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
  7. Moore v. Kayport Package Exp., Inc.

    885 F.2d 531 (9th Cir. 1989)   Cited 1,869 times
    Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"
  8. Ronconi v. Larkin

    253 F.3d 423 (9th Cir. 2001)   Cited 518 times   2 Legal Analyses
    Holding that complaint did not sufficiently plead falsity where it alleged that defendant made false statements about earnings and sales expectations and that defendant stated that plan to cut jobs and costs was “on track,” but complaint did not allege facts showing that defendant knew at the time that the predictions were inaccurate
  9. Ackerman v. Northwestern Mutual Life Ins. Co.

    172 F.3d 467 (7th Cir. 1999)   Cited 387 times
    Holding that Rule 9(b) "requires the plaintiff to conduct a precomplaint investigation in sufficient depth to assure that the charge of fraud is responsible and supported, rather than defamatory and extortionate"
  10. Rubke v. Capitol Bancorp Ltd.

    551 F.3d 1156 (9th Cir. 2009)   Cited 200 times   18 Legal Analyses
    Holding that allegations of motive and opportunity were not enough to create a strong inference of scienter
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,124 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,720 times   329 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,231 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
  14. Section 820.2 - Immunity

    Cal. Gov. Code § 820.2   Cited 943 times
    Establishing immunity for discretionary acts
  15. Section 1090 - Financial interest in contract made in official capacity; purchaser at sale made in official capacity

    Cal. Gov. Code § 1090   Cited 262 times   3 Legal Analyses
    Prohibiting public employees and officers from being "financially interested in any contract made by them in their official capacity, or by any body or board of which they are members"
  16. Section 821.2 - Issuance, denial, suspension, revocation of permit, license, etc.

    Cal. Gov. Code § 821.2   Cited 65 times
    Pertaining to the issuance or denial of licenses
  17. Section 1090.1 - Commission for placement of insurance on behalf of state

    Cal. Gov. Code § 1090.1

    No officer or employee of the State nor any Member of the Legislature shall accept any commission for the placement of insurance on behalf of the State. Ca. Gov. Code § 1090.1 Added by Stats. 1957, Ch. 812.