Eminence Capital, LLC v. Aspeon, Inc.

Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"

DCD Programs, Ltd. v. Leighton

Holding that district court abused its discretion by denying plaintiffs' motion to file fourth amended complaint

Cook, Perkiss Liehe v. N.C. Collection Serv

Holding that an advertisement that "impl[ies] lower rates and better services than those of a competitor . . . constitutes puffery and is not actionable as false advertising"

Cooper v. Pickett

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"

Engalla v. Permanente Med. Grp., Inc.

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

Gilligan v. Jamco Development Corp.

Setting forth elements of a FHA claim

London v. Coopers Lybrand

Holding amended complaint supersedes initial complaint and may not incorporate by reference any parts of original complaint

Duncan v. Stuetzle

Holding that the district court was required to remand to state courts for lack of subject matter jurisdiction under section 1447(c) where the state court complaint failed to state a federal question under the Lanham Act as it only raised state law issues

Concha v. London

Holding that Rule 9(b) does not apply to ERISA fiduciary-duty claims

Neubronner v. Milken

Holding that Rule 9(b)'s purpose is "to prevent the filing of a complaint as a pretext for the discovery of unknown wrongs" and finding the Section 20A insufficiently pled because it lacked "facts [such] as the times, dates, places" or "allegations on information and belief . . . [to] state the factual basis for the belief"

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 8 - General Rules of Pleading

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

Rule 9 - Pleading Special Matters

Requiring that fraud be pleaded with particularity

Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; violation of FPA or Forestry and Fire Protection rules and regulations

Setting three-year statute of limitations for a liability based on statute like the CSA

Section 3517 - Taking advantage of own wrong

Section 3426.6 - Limitation of action for misappropriation

Indicating a three-year statute of limitations for misappropriation of trade secrets claims