57 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,691 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,746 times 369 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
Moss v. U.S. Secret Service
572 F.3d 962 (9th Cir. 2009) Cited 8,951 times
Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,355 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
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,704 times 17 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"
Rombach v. Chang
355 F.3d 164 (2d Cir. 2004) Cited 1,445 times 5 Legal Analyses
Holding that complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"
Somers ex rel. Herself v. Apple, Inc.
729 F.3d 953 (9th Cir. 2013) Cited 640 times 2 Legal Analyses
Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"
Durell v. Sharp Healthcare
183 Cal.App.4th 1350 (Cal. Ct. App. 2010) Cited 549 times 3 Legal Analyses
Holding that actual reliance is an element of CUCL claims under the unlawful prong
Pacific Gas Electric Co. v. Bear Stearns Co.
50 Cal.3d 1118 (Cal. 1990) Cited 679 times 5 Legal Analyses
Holding that interference with plaintiff's performance may give rise to a claim for interference with contractual relations if plaintiff's performance is made more costly or more burdensome
Della Penna v. Toyota Motor Sales, U.S.A., Inc.
11 Cal.4th 376 (Cal. 1995) Cited 530 times 6 Legal Analyses
Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself
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 361,353 times 960 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 163,831 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 40,114 times 335 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,392 times 316 Legal Analyses
Prohibiting unlawful business practices
Section 1125 - False designations of origin, false descriptions, and dilution forbidden
15 U.S.C. § 1125 Cited 15,763 times 327 Legal Analyses
Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"
Section 17500 - Untrue or misleading advertising
Cal. Bus. & Prof. Code § 17500 Cited 2,756 times 65 Legal Analyses
Requiring action that originated in California to effect consumers in another state

Criteo S.A. v. Steel House, Inc.

57 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that the court lacked jurisdiction over the district court's deferral of the summary judgment motion

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

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 complaint may establish scienter through facts showing that defendants "had both motive and opportunity to commit fraud"

Holding that plaintiff's theory was "implausible in the face of contradictory . . . facts alleged in her complaint"

Holding that actual reliance is an element of CUCL claims under the unlawful prong

Holding that interference with plaintiff's performance may give rise to a claim for interference with contractual relations if plaintiff's performance is made more costly or more burdensome

Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself

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. . . ."

Requiring that fraud be pleaded with particularity

Prohibiting unlawful business practices

Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

Requiring action that originated in California to effect consumers in another state