§Why CasetextPricing

Francisco J. Galvez v. Pinnacle Workforce Logistics Llc et al

NOTICE OF MOTION AND MOTION to Dismiss Complaint Pursuant to FRCP Rule 12

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 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' "

  3. Daniels-Hall v. National Educ. Ass'n

    629 F.3d 992 (9th Cir. 2010)   Cited 2,103 times   3 Legal Analyses
    Holding courts may take judicial notice of information made publicly available by government entities on government websites

  4. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,328 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  5. Chavez v. United States

    683 F.3d 1102 (9th Cir. 2012)   Cited 759 times   1 Legal Analyses
    Holding that a Bivens action could be sustained against Border Patrol agents

  6. 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

  7. Potter v. Firestone Tire &

    6 Cal.4th 965 (Cal. 1993)   Cited 854 times   4 Legal Analyses
    Holding outrageous conduct exceeds all bounds of that usually tolerated in a civilized community

  8. Burgess v. Superior Court

    2 Cal.4th 1064 (Cal. 1992)   Cited 418 times
    Holding "negligent causing of emotional distress is not an independent tort, but the tort of negligence"; requiring plaintiff alleging entitlement to damages based on "negligent causing of emotional distress" to establish all elements of negligence claim, including "duty"

  9. Cole v. Fair Oaks Fire Protection Dist.

    43 Cal.3d 148 (Cal. 1987)   Cited 445 times
    Holding that exclusivity rule applied where employer falsely accused employee of misconduct, subjected employee to a "kangaroo" disciplinary proceeding, publicly demoted him, gave him burdensome and menial duties, and filed an application to force him to retire involuntarily

  10. Molien v. Kaiser Foundation Hospitals

    27 Cal.3d 916 (Cal. 1980)   Cited 417 times
    Holding that plaintiff may recover damages for negligent infliction of emotional distress, absent physical injury, where defendants erroneously diagnosed plaintiff's wife with syphilis during a routine examination, resulting in extreme emotional distress and a dissolution of the plaintiff's marriage

  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 348,148 times   927 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 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 3600 - Generally

    Cal. Lab. Code § 3600   Cited 896 times   6 Legal Analyses
    Noting that liability for compensation under California's Workers’ Compensation Act is "in lieu of any other liability whatsoever to any person "

  14. Section 3602 - Willful assault by employer; fraudulent concealment of injury; defective product manufactured by employer

    Cal. Lab. Code § 3602   Cited 444 times   1 Legal Analyses
    Revealing that California's exclusive-remedy provision explicitly applies to "the employee or his or her dependents "

  15. Section 5300 - Proceedings instituted before appeals board

    Cal. Lab. Code § 5300   Cited 179 times
    Providing that suits seeking workers compensation "shall be instituted before the appeals board and not elsewhere..."

  16. Section 430.41 - Meeting required before filing demurrer

    Cal. Code Civ. Proc. § 430.41   Cited 81 times
    Addressing meet and confer conferences following grant of demurrer with leave to amend; "Nothing in this section prohibits the court from ordering a conference on its own motion at any time or prevents a party from requesting that the court order a conference to be held"