20 Cited authorities

  1. Broam v. Bogan

    320 F.3d 1023 (9th Cir. 2003)   Cited 1,125 times
    Holding "a court may not look beyond the complaint to a plaintiff's moving papers, such as a memorandum in opposition to a defendant's motion to dismiss," but noting such allegations may be considered to determine whether granting leave to amend is appropriate
  2. International Audiotext Network, Inc. v. AT&T

    62 F.3d 69 (2d Cir. 1995)   Cited 1,392 times   3 Legal Analyses
    Holding that if a complaint "relies heavily upon [a contract's] terms and effect" the contract may be considered at the 12(b) stage even if the contract is not incorporated in or attached to the complaint
  3. Syntek Semiconductor Co. v. Microchip Tech., Inc.

    307 F.3d 775 (9th Cir. 2002)   Cited 241 times   5 Legal Analyses
    Holding that cancellation of a copyright registration is an administrative remedy that must be sought from the Copyright Office
  4. Federal Power Commission v. Louisiana Power & Light Co.

    406 U.S. 621 (1972)   Cited 165 times
    Holding that federal commission had power to issue curtailment regulation that would affect pipeline owner's direct sales contracts with industrial customers based on interstate "transportation" jurisdiction, especially to protect interests of ultimate consumers
  5. In re Sony Gaming Networks & Customer Data Sec. Breach Litig.

    903 F. Supp. 2d 942 (S.D. Cal. 2012)   Cited 81 times   4 Legal Analyses
    Holding that the computer network system used to provide PlayStation Network services, which permitted access to various third party services, did not constitute a "service" under the CLRA
  6. In re Google, Inc. Privacy Policy Litigation

    Case No.: C 12-01382 PSG (N.D. Cal. Dec. 28, 2012)   Cited 13 times   2 Legal Analyses
    Dismissing plaintiffs' claims based on Google's policy of retaining personal information for lack of Article III standing because there were no allegations plaintiffs' personal information had been disseminated
  7. Petrovic v. Princess Cruise Lines, Ltd.

    CASE NO. 12-21588-CIV-ALTONAGA/Simonton (S.D. Fla. Jul. 20, 2012)   Cited 9 times
    Stating that "a complaint that lumps all the defendants together in each claim and provides no factual basis to distinguish their conduct fails to satisfy Rule 8" (alterations and internal quotation marks omitted)
  8. Sancom, Inc. v. AT&T Corp.

    696 F. Supp. 2d 1030 (D.S.D. 2010)   Cited 10 times
    Discussing the Farmers line of cases in detail
  9. Glauser v. Twilio, Inc.

    No. C 11-2584 PJH (N.D. Cal. Jan. 27, 2012)   Cited 3 times

    No. C 11-2584 PJH 01-27-2012 BRIAN GLAUSER, individually and on behalf of all other similarly situated, Plaintiff, v. TWILIO, INC., et al., Defendants. PHYLLIS J. HAMILTON ORDER GRANTING MOTIONS TO STAY Defendants' motions to dismiss the complaint and in the alternative, to stay or transfer the action, came on for hearing before this court on January 25, 2012. Plaintiff Brian Glauser ("plaintiff") appeared through his counsel, Rafey Balabanian. Defendant Twilio, Inc. ("Twilio") appeared through its

  10. Riehle v. Bank of Am., N.A.

    No. CV-13-00251-PHX-NVW (D. Ariz. Apr. 17, 2013)   Cited 2 times
    Noting that "no private cause of action exists against a lender for failing to modify a loan"
  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 501,343 times   705 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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
  13. 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. . . ."
  14. Section 1981 - Equal rights under the law

    42 U.S.C. § 1981   Cited 38,641 times   262 Legal Analyses
    Granting equal rights to "make and enforce contracts" without regard to race
  15. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,769 times   742 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
  16. Rule 7.1 - Disclosure Statement

    Fed. R. Civ. P. 7.1   Cited 1,145 times   13 Legal Analyses
    Governing corporate disclosure statements
  17. Rule 2 - One Form of Action

    Fed. R. Civ. P. 2   Cited 712 times   1 Legal Analyses
    Providing for "one form of action to be known as 'civil action,'" in lieu of discretely labeled actions at law and suits in equity
  18. Section 1.2 - Declaratory rulings

    47 C.F.R. § 1.2   Cited 47 times   1 Legal Analyses
    Incorporating declaratory ruling provision of the Administrative Procedure Act, 5 U.S.C. § 554(e)