§Why CasetextPricing

Foster Poultry Farms v. Alkar-Rapidpak-MP Equipment, Inc.

OPPOSITION

41 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 times   364 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' "

  2. Lopez v. Smith

    203 F.3d 1122 (9th Cir. 2000)   Cited 23,754 times   1 Legal Analyses
    Holding that a pro se litigant must be given leave to amend his complaint if it appears at all possible that the plaintiff can correct the deficiencies in the complaint

  3. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,543 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"

  4. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 4,862 times   1 Legal Analyses
    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"

  5. Arpin v. Santa Clara Valley Transp. Agency

    261 F.3d 912 (9th Cir. 2001)   Cited 1,780 times
    Holding that "conclusory allegations unsupported by factual data are insufficient to defeat summary judgment motion"

  6. Columbia Natural Resources, Inc. v. Tatum

    58 F.3d 1101 (6th Cir. 1995)   Cited 1,633 times
    Holding "the phrase 'pattern of racketeering activity' is not unconstitutionally vague"

  7. Moore v. Kayport Package Exp., Inc.

    885 F.2d 531 (9th Cir. 1989)   Cited 1,829 times
    Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"

  8. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 957 times
    Setting forth elements of a FHA claim

  9. Allen v. City of Beverly Hills

    911 F.2d 367 (9th Cir. 1990)   Cited 957 times   1 Legal Analyses
    Holding that a provision allowing the Beverly Hills City Council to abolish any position in the classified service when "necessary in the interests of economy or because the necessity for the position no longer exists" does not significantly constrain the City's discretion and thus does not create a property interest

  10. Paracor Finance, Inc. v. Gen. El. Cap. Corp.

    79 F.3d 878 (9th Cir. 1996)   Cited 563 times   2 Legal Analyses
    Holding a § 20 "controlling person liability" claim requires a showing that a primary violation was committed

  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 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,637 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 2725 - Statute of limitations in contracts for sale

    Cal. Com. Code § 2725   Cited 142 times
    Providing four-year limitations period for breach of express warranty claims

  14. Section 2714 - Buyer's damages for breach in regard to accepted goods

    Cal. Com. Code § 2714   Cited 72 times
    Providing breach of warranty remedies in the event "the buyer has accepted goods"