§Why CasetextPricing

Free Range Content, Inc. v. Google Inc.

MOTION to Dismiss Defendant Google Inc.'s Motion to Dismiss Plaintiffs' Third Amended Class Action Complaint

62 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 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' "

  2. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,542 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

  3. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,313 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”

  4. Armendariz v. Foundation Health Psychcare Services, Inc.

    24 Cal.4th 83 (Cal. 2000)   Cited 1,744 times   45 Legal Analyses
    Holding unilateral arbitration provision substantively unconscionable

  5. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,203 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied

  6. Clemens v. DaimlerChrysler Corp.

    530 F.3d 852 (9th Cir. 2008)   Cited 911 times   5 Legal Analyses
    Holding that "claims under the Magnuson–Moss Act stand or fall with express and implied warranty claims under state law"

  7. Nagrampa v. Mailcoups, Inc.

    469 F.3d 1257 (9th Cir. 2006)   Cited 896 times   4 Legal Analyses
    Holding that an arbitration agreement that was invalid due to unconscionability was not enforceable

  8. Northwest, Inc. v. Ginsberg

    572 U.S. 273 (2014)   Cited 212 times   12 Legal Analyses
    Holding "that the phrase 'other provision having the force and effect of law' includes common-law claims"

  9. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,056 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer

  10. Daugherty v. American Honda Motor Co., Inc.

    144 Cal.App.4th 824 (Cal. Ct. App. 2006)   Cited 561 times   7 Legal Analyses
    Holding plaintiff failed to plead a fraudulent omission where "no representation was made to which the alleged concealment was contrary"

  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 345,805 times   922 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,918 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  13. Section 1709 - Willfully deceiving another

    Cal. Civ. Code § 1709   Cited 728 times   2 Legal Analyses
    Requiring willful deception

  14. Section 1671 - Validity of liquidated damages provision

    Cal. Civ. Code § 1671   Cited 497 times   17 Legal Analyses
    Invalidating unreasonable liquidated damages