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Forsyth v. Motion Picture Association of America (MPAA) et al

MOTION to Strike 1 Complaint, Defendants' Notice of Motions and 1 Special Motion to Strike Pursuant to California Anti-SLAPP Statute, Cal. Civ. Proc. Code Section 425.16 et seq., or, in the alternative, 2 Motion to Dismiss Pursuant to Fed. R. Civ. P. 12

65 Cited authorities

  1. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,266 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  2. Milkovich v. Lorain Journal

    497 U.S. 1 (1990)   Cited 1,671 times   13 Legal Analyses
    Holding that statement of "opinion" reasonably implying false and defamatory facts is subject to same culpability requirements as statement of facts

  3. Brown v. Entertainment Merchants Assn.

    564 U.S. 786 (2011)   Cited 473 times   9 Legal Analyses
    Holding that even if violent video games cause aggression, a state could not prohibit their sale to children

  4. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,361 times   23 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"

  5. Davis v. HSBC Bank Nevada, N.A.

    691 F.3d 1152 (9th Cir. 2012)   Cited 623 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"

  6. Small v. Fritz Cos., Inc.

    30 Cal.4th 167 (Cal. 2003)   Cited 618 times   5 Legal Analyses
    Holding that complaint for negligent misrepresentation in a holder action must be "pled with the same specificity required in a holder's action for fraud."

  7. Joseph Burstyn, Inc. v. Wilson

    343 U.S. 495 (1952)   Cited 625 times   2 Legal Analyses
    Holding that movies are a protected form of speech

  8. Committee on Children's Television, Inc. v. General Foods Corp.

    35 Cal.3d 197 (Cal. 1983)   Cited 704 times   1 Legal Analyses
    Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

  9. Nygard, Inc. v. Uusi-Kerttula

    159 Cal.App.4th 1027 (Cal. Ct. App. 2008)   Cited 278 times   5 Legal Analyses
    Holding that "an issue of public interest" is "any issue in which the public is interested" and concluding that an article about a "prominent businessman and celebrity" met the standard

  10. Oakland Raiders v. National Football League

    131 Cal.App.4th 621 (Cal. Ct. App. 2005)   Cited 236 times
    Finding no principal and agent relationship between the Raiders and the NFL or the Raiders and the Commissioner of the NFL, in part because there are circumstances where the NFL is obligated under its constitution to take actions adverse to its member teams

  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 334,839 times   904 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 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,414 times   307 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 17500 - Untrue or misleading advertising

    Cal. Bus. & Prof. Code § 17500   Cited 2,581 times   63 Legal Analyses
    Requiring action that originated in California to effect consumers in another state

  14. Section 3479 - What constitutes nuisance

    Cal. Civ. Code § 3479   Cited 606 times   1 Legal Analyses
    Defining "nuisance"

  15. Section 272 - Inducing minor to fail to conform to lawful order of juvenile court; persuading or luring minor from home

    Cal. Pen. Code § 272   Cited 221 times
    Contributing to the delinquency of a minor

  16. Section 308 - Unlawful sale or gift of tobacco, cigarettes, etc. of person under age of 21 years

    Cal. Pen. Code § 308   Cited 108 times
    Imposing liability for tobacco sales to a minor