§Why CasetextPricing

David Greenstein v. The Pictsweet Company, et al

NOTICE OF MOTION AND MOTION to Dismiss Case -- Defendant the Pictsweet Company's Memorandum of Points and Authorities in Support of Motion to Dismiss the Complaint

46 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,313 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,198 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

  4. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,861 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”

  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,253 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  6. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,420 times   23 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

  7. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

  8. Vasquez v. Los Angeles

    487 F.3d 1246 (9th Cir. 2007)   Cited 945 times
    Holding that county's removal of the image of the cross from its official seal in order "to avoid a potential Establishment Clause violation [had a] valid secular purpose under Lemon"

  9. Cooper v. Pickett

    122 F.3d 1186 (9th Cir. 1997)   Cited 1,237 times
    Holding that where complaint asserting claims of improper revenue recognition identified some of the defrauded customers, the type of conduct, the general time frame, and why the conduct was fraudulent, it was "not fatal to the complaint that it [did] not describe in detail a single specific transaction . . . by customer, amount, and precise method"

  10. Churchill Village v. General Electric

    361 F.3d 566 (9th Cir. 2004)   Cited 733 times   1 Legal Analyses
    Holding that approval of a settlement that received 45 objections and 500 opt-outs out of 90,000 class members was proper

  11. 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 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,008 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,740 times   140 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,824 times   315 Legal Analyses
    Prohibiting unlawful business practices

  16. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,656 times   64 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  17. 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

  18. Section 17204 - Actions for Injunctions by Attorney General, District Attorney, County Counsel, and City Attorneys

    Cal. Bus. & Prof. Code § 17204   Cited 959 times   4 Legal Analyses
    Allowing actions brought by "any person who has suffered injury in fact and has lost money or property"

  19. Section 21 - Branding grades on barrels of apples

    21 U.S.C. § 21   Cited 884 times   8 Legal Analyses

    The barrels in which apples are packed in accordance with the provisions of sections 20 to 23 of this title may be branded in accordance with the provisions of section 20 of this title. 21 U.S.C. § 21 Aug. 3, 1912, ch. 273, §3, 37 Stat. 251.

  20. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 567 times   59 Legal Analyses
    Setting labeling requirements for food products

  21. Section 100.1 - Petitions requesting exemption from preemption for State or local requirements

    21 C.F.R. § 100.1   Cited 104 times   1 Legal Analyses
    Explaining the meaning of "not identical"

  22. Section 100.100 - Misleading containers

    21 C.F.R. § 100.100   Cited 43 times   13 Legal Analyses
    Defining misbranded food containers

  23. Section 7.1 - Scope

    21 C.F.R. § 7.1   Cited 17 times   1 Legal Analyses

    This part governs the practices and procedures applicable to regulatory enforcement actions initiated by the Food and Drug Administration pursuant to the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) and other laws that it administers. This part also provides guidance for manufacturers and distributors to follow with respect to their voluntary removal or correction of marketed violative products. This part is promulgated to clarify and explain the regulatory practices and procedures