52 Cited authorities

  1. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,592 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
  2. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,136 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"
  3. U.S. v. Ritchie

    342 F.3d 903 (9th Cir. 2003)   Cited 3,936 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"
  4. Coto Settlement v. Eisenberg

    593 F.3d 1031 (9th Cir. 2010)   Cited 855 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
  5. Wyler Summit v. Turner Broadcasting Sys

    135 F.3d 658 (9th Cir. 1998)   Cited 1,265 times
    Denying motion to dismiss contract claim
  6. Gerritsen v. Warner Bros. Entertainment Inc.

    112 F. Supp. 3d 1011 (C.D. Cal. 2015)   Cited 456 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
  7. Daugherty v. American Honda Motor Co., Inc.

    144 Cal.App.4th 824 (Cal. Ct. App. 2006)   Cited 583 times   7 Legal Analyses
    Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"
  8. LiMandri v. Judkins

    52 Cal.App.4th 326 (Cal. Ct. App. 1997)   Cited 520 times
    Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"
  9. Swanson v. U.S. Forest Service

    87 F.3d 339 (9th Cir. 1996)   Cited 471 times   1 Legal Analyses
    Holding that supplementation was not required because there was no indication the new information would " ‘affec[t] the quality of the ... environment’ in a significant manner or to a significant extent not already considered.' " (quoting Marsh v. Ore. Nat. Res. Council , 490 U.S. 360, 374, 109 S.Ct. 1851, 104 L.Ed.2d 377 (1989) )
  10. Falk v. General Motors Corp.

    496 F. Supp. 2d 1088 (N.D. Cal. 2007)   Cited 326 times   1 Legal Analyses
    Holding that plaintiffs stated an unfair practices claim where defendant, a car manufacturer, "failed to meet its duty to disclose any known and material defects"
  11. 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. . . ."
  12. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 94,788 times   92 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 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity
  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,751 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."