§Why CasetextPricing

Daniel Chesler et al v. Hyundai Motor America Inc et al

OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 33

54 Cited authorities

  1. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,044 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  2. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,232 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff

  3. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,872 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

  4. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,658 times   2 Legal Analyses
    Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

  5. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,859 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  6. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,562 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

  7. Coto Settlement v. Eisenberg

    593 F.3d 1031 (9th Cir. 2010)   Cited 805 times
    Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance

  8. Wyler Summit v. Turner Broadcasting Sys

    135 F.3d 658 (9th Cir. 1998)   Cited 1,205 times
    Denying motion to dismiss contract claim

  9. Iannacchino v. Ford Motor Co.

    451 Mass. 623 (Mass. 2008)   Cited 822 times   7 Legal Analyses
    Holding that "a plaintiff's obligation to provide the grounds of his entitle[ment] to relief requires more than labels and conclusions"

  10. Gerritsen v. Warner Bros. Entertainment Inc.

    112 F. Supp. 3d 1011 (C.D. Cal. 2015)   Cited 430 times
    Holding that judicial notice of defendant's website was improper where defendant was not a government body and the purpose of the website was not to provide public information

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,974 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,400 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,889 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,232 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."