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Fujisawa et al v. Compass Vision, Inc. et al

Memorandum in Opposition re MOTION to Dismiss Plaintiffs' Amended Complaint for Failure to State a Claim Upon Which Relief Can Be Granted Memorandum of Points and Authorities & Certificate of Service

10 Cited authorities

  1. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,660 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. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,585 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. Rowland v. Christian

    69 Cal.2d 108 (Cal. 1968)   Cited 1,251 times   20 Legal Analyses
    Holding that Section 1714 superceded prior common-law negligence rules

  4. Everest and Jennings v. American Motorists Ins. Co.

    23 F.3d 226 (9th Cir. 1994)   Cited 163 times
    Holding that patent infringement is not caused by conduct committed in the course of advertising

  5. Friedman v. Merck Co., Inc.

    107 Cal.App.4th 454 (Cal. Ct. App. 2003)   Cited 104 times
    Noting that one of the elements of negligent misrepresentation is that the "representation must have been made with the intent to induce plaintiff to rely upon it"

  6. Branch v. Homefed Bank

    6 Cal.App.4th 793 (Cal. Ct. App. 1992)   Cited 53 times
    Holding that the plaintiff could not recover for emotional distress based on his employer's negligent misrepresentations regarding employment benefits and reasoning that "[w]hile damage as a result of employee's reliance on [employer's] negligent misrepresentations could be anticipated, nothing in the case suggests the peculiarly sensitive emotional trauma foreseeable in such cases as Allen v. Jones or Molien"

  7. Allen v. Jones

    104 Cal.App.3d 207 (Cal. Ct. App. 1980)   Cited 46 times
    Finding that it was particularly likely that cremated remains lost in transit would cause emotional distress

  8. Schessler v. Keck

    125 Cal.App.2d 827 (Cal. Ct. App. 1954)   Cited 43 times
    Finding the entirety of plaintiffs' complaint specifically pleads details "which elaborate on the mutual understanding arrived at by defendants."

  9. 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   929 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  10. Section 46 - Slander defined

    Cal. Civ. Code § 46   Cited 463 times
    Defining slander