§Why CasetextPricing

David Zuccolotto v. Zurich American Insurance Company et al

NOTICE OF MOTION AND MOTION to Dismiss Claims for Fraud and Negligent Misrepresentation ; Memorandum of Points and Authorities

28 Cited authorities

  1. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,984 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"

  2. In re Burlington Coat Factory

    114 F.3d 1410 (3d Cir. 1997)   Cited 7,645 times   4 Legal Analyses
    Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

  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. In re Glenfed, Inc. Securities Litigation

    42 F.3d 1541 (9th Cir. 1994)   Cited 1,713 times   3 Legal Analyses
    Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

  5. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,284 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  6. MGIC Indem. Co. v. Weisman

    803 F.2d 500 (9th Cir. 1986)   Cited 1,919 times
    Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege

  7. Bily v. Arthur Young & Co.

    3 Cal.4th 370 (Cal. 1992)   Cited 544 times   6 Legal Analyses
    Holding that an accountant is liable for negligent misrepresentation to a third party only if he knowingly supplies the information for the benefit of the third party, and the information is relied on by the third party in a transaction previously identified to the accountant, or a substantially similar transaction

  8. Schmier v. United States Court of Appeals for the Ninth Circuit

    279 F.3d 817 (9th Cir. 2002)   Cited 297 times
    Holding amendment futile where "it was not factually possible for plaintiff to amend the complaint so as to satisfy [the underlying problem]"

  9. Vu v. Prudential Property & Casualty Insurance

    26 Cal.4th 1142 (Cal. 2001)   Cited 160 times
    Holding that defendant would be estopped from raising statute-of-limitations defense if plaintiff proved that he "reasonably relied" on defendant's misrepresentation

  10. Stansfield v. Starkey

    220 Cal.App.3d 59 (Cal. Ct. App. 1990)   Cited 134 times
    Affirming dismissal of fraud claim where it "was not clearly alleged that each representation was false when made"

  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 345,715 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,911 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"