18 Cited authorities

  1. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,677 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
  2. Von Saher v. Norton Simon Museum of Art

    578 F.3d 1016 (9th Cir. 2009)   Cited 1,243 times
    Holding that a court may take judicial notice of publications to establish what was in the public realm at the time
  3. Supermail Cargo, Inc. v. U.S.

    68 F.3d 1204 (9th Cir. 1995)   Cited 708 times
    Holding that a "complaint cannot be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts that would establish the timeliness of the claim"
  4. Butler v. Nat'l Cmty. Renaissance of Cal.

    766 F.3d 1191 (9th Cir. 2014)   Cited 370 times
    Holding federal courts apply the forum state's statute of limitations and state laws for personal injury actions and tolling, to the extent they are consistent with federal law
  5. Canatella v. Van De Kamp

    231 F. App'x 614 (9th Cir. 2007)   Cited 303 times
    Holding that the defendant posting the defendant's "disciplinary record in a different section of the same website did not give rise to a new cause of action"
  6. Lauter v. Anoufrieva

    642 F. Supp. 2d 1060 (C.D. Cal. 2009)   Cited 53 times
    Holding that the “plaintiff's alleged deprivation of his constitutional rights to file suit and to due process of law are ... personal in nature” and cannot provide the requisite injury to bring a RICO suit
  7. Hayes v. Woodford

    444 F. Supp. 2d 1127 (S.D. Cal. 2006)   Cited 52 times
    Holding plaintiff has no access to the courts claim where plaintiff did not explain how insufficient resources actually affected filing
  8. Thompson v. City of Shasta Lake

    314 F. Supp. 2d 1017 (E.D. Cal. 2004)   Cited 37 times
    Dismissing time-barred false arrest and selective enforcement claims as time-barred and concluding that the continuing violation doctrine did not apply
  9. Quisenberry v. Compass Vision, Inc.

    618 F. Supp. 2d 1223 (S.D. Cal. 2007)   Cited 16 times
    Noting that in cases of inaccurate reporting, "[e]mployees can lose their jobs, and job applicants can miss out on an opportunity to be considered for a new position or a well-deserved promotion."
  10. Villalvaso v. Odwalla, Inc.

    No. 1:10-CV-02369-OWW-MJS (E.D. Cal. Apr. 25, 2011)   Cited 11 times

    No. 1:10-CV-02369-OWW-MJS. April 25, 2011 MEMORANDUM DECISION RE: DEFENDANT SPN GROUP, INC.'S MOTION TO DISMISS (Doc. 11) OLIVER WANGER, District Judge I. INTRODUCTION. This Title VII and FEHA employment discrimination case was filed by Plaintiff Alicia Villalvaso ("Villalvaso") against Defendants Odwalla, Inc. ("Odwalla"), a food products company, Spherion, Inc. ("Spherion"), a temporary staffing agency, and Mario Acosta on December 17, 2010. Plaintiff alleges Mr. Acosta, Plaintiff's supervisor

  11. Section 1983 - Civil action for deprivation of rights

    42 U.S.C. § 1983   Cited 496,982 times   701 Legal Analyses
    Holding liable any state actor who "subjects, or causes [a person] to be subjected" to a constitutional violation
  12. 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 354,229 times   943 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
  14. Section 335.1 - Assault, battery or injury or death caused by wrongful act or negligence

    Cal. Code Civ. Proc. § 335.1   Cited 2,319 times   6 Legal Analyses
    Imposing two-year statute of limitations for personal injury claims
  15. Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver

    Cal. Code Civ. Proc. § 340   Cited 1,577 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003