60 Cited authorities

Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,761 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,436 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Carnival Cruise Lines, Inc. v. Shute
499 U.S. 585 (1991) Cited 1,943 times 8 Legal Analyses
Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"
Ghazali v. Moran
46 F.3d 52 (9th Cir. 1995) Cited 7,165 times
Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules
Thompson v. Housing Auth., City of Los Angeles
782 F.2d 829 (9th Cir. 1986) Cited 5,587 times
Holding that in exercising its power to control its own docket, the Court may impose sanctions
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"
Wool v. Tandem Computers Inc.
818 F.2d 1433 (9th Cir. 1987) Cited 2,035 times 2 Legal Analyses
Holding district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus
Nagrampa v. Mailcoups, Inc.
469 F.3d 1257 (9th Cir. 2006) Cited 896 times 4 Legal Analyses
Holding that an arbitration agreement that was invalid due to unconscionability was not enforceable
Terra Intern., Inc. v. Miss. Chem. Corp.
119 F.3d 688 (8th Cir. 1997) Cited 858 times 1 Legal Analyses
Holding that strategic or artfully drawn pleadings . . . will not work to circumvent an otherwise applicable forum selection clause," and that such a clause may apply to tort or other non-contract claims where such claims depend on the existence of a contractual relationship, relate to interpretation of the contract, or involve the same operative facts as a parallel breach of contract claim
Murphy v. Schneider Nat'l, Inc.
349 F.3d 1224 (9th Cir. 2003) Cited 664 times 1 Legal Analyses
Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,162 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 230 - Protection for private blocking and screening of offensive material
47 U.S.C. § 230 Cited 1,017 times 167 Legal Analyses
Limiting liability
Section 17203 - Injunctive relief
Cal. Bus. & Prof. Code § 17203 Cited 984 times 5 Legal Analyses
Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct
Section 1550 - Essential to existence of contract
Cal. Civ. Code § 1550 Cited 844 times 3 Legal Analyses
Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration
Section 2224 - Involuntary trustee of thing gained by fraud, accident, mistake or undue influence
Cal. Civ. Code § 2224 Cited 418 times
Naming person who "gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act" as an "involuntary trustee of the thing gained"

CYBERsitter LLC v. Google Inc et al

60 Cited authorities

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

Holding that a court may dismiss an action based on a party's failure to comply with the court's Local Rules

Holding that in exercising its power to control its own docket, the Court may impose sanctions

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 district court could, at pleading stage, "presume" corporate officers who had "direct involvement . . . in [corporation's] financial statements" were responsible for misleading information contained in corporation's prospectus

Holding that an arbitration agreement that was invalid due to unconscionability was not enforceable

Holding that, in the absence of factual findings made by the district court based upon an evidentiary hearing, affidavits and other evidence submitted by the non-moving party in the context of a Rule 12(b) challenge are to be viewed in the light most favorable to that party

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Limiting liability

Requiring that an individual plead that she lost "money or property" because of the alleged deceptive conduct

Recognizing that the "essential" elements of contract formation include mutual consent and sufficient consideration

Naming person who "gains a thing by fraud, accident, mistake, undue influence, the violation of a trust, or other wrongful act" as an "involuntary trustee of the thing gained"