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Deportes Media of California, Llc v. Uecker et al

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim

56 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,616 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 268,401 times   366 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. Neitzke v. Williams

    490 U.S. 319 (1989)   Cited 56,110 times
    Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

  4. Jones v. Bock

    549 U.S. 199 (2007)   Cited 12,934 times   7 Legal Analyses
    Holding that PLRA exhaustion is mandatory, and prisoners cannot bring unexhausted claims into federal court

  5. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,175 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  6. Burns v. Reed

    500 U.S. 478 (1991)   Cited 3,014 times
    Holding that because prosecutors were absolutely immune for eliciting false testimony from witnesses in court at common law, contemporary prosecutors are absolutely immune for eliciting misleading witness testimony during probable cause hearings

  7. Forrester v. White

    484 U.S. 219 (1988)   Cited 3,049 times   2 Legal Analyses
    Holding that judges are not absolutely immune for administrative acts

  8. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,259 times   1 Legal Analyses
    Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

  9. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,882 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”

  10. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,270 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity

  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 347,899 times   925 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,936 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

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

    Fed. R. Civ. P. 11   Cited 35,974 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section 1738 - State and Territorial statutes and judicial proceedings; full faith and credit

    28 U.S.C. § 1738   Cited 7,537 times   15 Legal Analyses
    Referring to "[t]he Acts of the legislature" in the full faith and credit context

  15. Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide

    Cal. Civ. Code § 3294   Cited 2,804 times   9 Legal Analyses
    Stating plaintiff may recover punitive damages "in addition to the actual damages"

  16. Section 568 - Powers

    Cal. Code Civ. Proc. § 568   Cited 78 times   5 Legal Analyses

    The receiver has, under the control of the Court, power to bring and defend actions in his own name, as receiver; to take and keep possession of the property, to receive rents, collect debts, to compound for and compromise the same, to make transfers, and generally to do such acts respecting the property as the Court may authorize. Ca. Civ. Proc. Code § 568 Enacted 1872.