52 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 253,227 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 267,097 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' "
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,564 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,422 times 22 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"
Korea Supply Co. v. Lockheed Martin Corp.
29 Cal.4th 1134 (Cal. 2003) Cited 1,655 times 16 Legal Analyses
Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
Lazar v. Superior Court
12 Cal.4th 631 (Cal. 1996) Cited 1,660 times 3 Legal Analyses
Holding that justifiable reliance is a required element of a fraud claim
Davis v. HSBC Bank Nevada, N.A.
691 F.3d 1152 (9th Cir. 2012) Cited 645 times 10 Legal Analyses
Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"
Neilson v. Union Bank of California, N.A.
290 F. Supp. 2d 1101 (C.D. Cal. 2003) Cited 692 times
Holding that plaintiffs could prevail if they could prove at trial that certain transfers made pursuant to a Ponzi scheme were made within the limitations period of California's UFTA
Daugherty v. American Honda Motor Co., Inc.
144 Cal.App.4th 824 (Cal. Ct. App. 2006) Cited 564 times 7 Legal Analyses
Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"
Californians for Disability Rights v. Mervyn's LLC
39 Cal.4th 223 (Cal. 2006) Cited 416 times 1 Legal Analyses
Referring to "uninjured persons" suing under the UCL as "private attorneys general"
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 346,412 times 923 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,850 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing
Cal. Code Civ. Proc. § 339 Cited 1,515 times 1 Legal Analyses
Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
Section 1624 - Contracts deemed invalid unless note or memorandum in writing
Cal. Civ. Code § 1624 Cited 1,318 times 4 Legal Analyses
Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"
Section 1709 - Willfully deceiving another
Cal. Civ. Code § 1709 Cited 728 times 2 Legal Analyses
Requiring willful deception
Section 1605 - Benefit conferred upon promisor by other person or prejudice suffered by person
Cal. Civ. Code § 1605 Cited 347 times 1 Legal Analyses
Defining "good consideration"

Ferguson, et al. v. JPMorgan Chase Bank, N.A.

52 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

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"

Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

Holding that justifiable reliance is a required element of a fraud claim

Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"

Holding that plaintiffs could prevail if they could prove at trial that certain transfers made pursuant to a Ponzi scheme were made within the limitations period of California's UFTA

Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

Referring to "uninjured persons" suing under the UCL as "private attorneys general"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Prohibiting unlawful business practices

Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"

Establishing that the statute of frauds applies to contracts "for the sale of real property, or of an interest therein"

Requiring willful deception

Defining "good consideration"