§Why CasetextPricing

Future Ads LLC v. Jonathan L. Gillman et al

OPPOSITION to MOTION to Strike Notice of Motion and Motion To Strike Complaint, Or In The Alternative, To Dismiss Plalintiff's Complaint 17

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 257,305 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 times   367 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. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,946 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  4. Navellier v. Sletten

    29 Cal.4th 82 (Cal. 2002)   Cited 1,933 times   2 Legal Analyses
    Holding a claim for relief filed in federal district court is protected activity

  5. Equilon Enterprises, Llc. v. Consumer Cause, Inc.

    29 Cal.4th 53 (Cal. 2002)   Cited 1,795 times   1 Legal Analyses
    Holding that fee shifting under the Anti-SLAPP statute without a showing of the plaintiff's "intent to chill" free speech did not violate the Constitution or "inappropriately punish plaintiffs," especially given that a plaintiff is burdened by payment of attorney fees "only when the plaintiff burdens free speech with an unsubstantiated claim"

  6. Flatley v. Mauro

    39 Cal.4th 299 (Cal. 2006)   Cited 1,328 times   10 Legal Analyses
    Holding that anti-SLAPP protection is not available where the "assertedly protected speech or petition activity [is] illegal as a matter of law"

  7. Broam v. Bogan

    320 F.3d 1023 (9th Cir. 2003)   Cited 1,106 times
    Holding "a court may not look beyond the complaint to a plaintiff's moving papers, such as a memorandum in opposition to a defendant's motion to dismiss," but noting such allegations may be considered to determine whether granting leave to amend is appropriate

  8. Bank of the West v. Superior Court

    2 Cal.4th 1254 (Cal. 1992)   Cited 1,390 times   8 Legal Analyses
    Holding that policy terms must be read in their "ordinary and popular sense"

  9. Morongo Band of Mission Indians v. Rose

    893 F.2d 1074 (9th Cir. 1990)   Cited 1,256 times
    Holding that whether a tribe had the authority to enforce a tribal ordinance against a non-Native was a federal question

  10. Duncan v. Stuetzle

    76 F.3d 1480 (9th Cir. 1996)   Cited 932 times
    Holding that the district court was required to remand to state courts for lack of subject matter jurisdiction under section 1447(c) where the state court complaint failed to state a federal question under the Lanham Act as it only raised state law issues

  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 351,086 times   937 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 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,789 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,004 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 46 - Slander defined

    Cal. Civ. Code § 46   Cited 465 times
    Defining slander

  15. Section 45a - Libel on its face

    Cal. Civ. Code § 45a   Cited 189 times
    Addressing libel on its face

  16. Section 6125 - Practice of law by active licensees of State Bar

    Cal. Bus. & Prof. Code § 6125   Cited 172 times   1 Legal Analyses
    Providing "[n]o person shall practice law in California unless the person is an active member of the State Bar"

  17. Section 6126 - Practice of law by one not active licensee of State Bar

    Cal. Bus. & Prof. Code § 6126   Cited 145 times   1 Legal Analyses

    (a) Any person advertising or holding himself or herself out as practicing or entitled to practice law or otherwise practicing law who is not an active licensee of the State Bar, or otherwise authorized pursuant to statute or court rule to practice law in this state at the time of doing so, is guilty of a misdemeanor punishable by up to one year in a county jail or by a fine of up to one thousand dollars ($1,000), or by both that fine and imprisonment. Upon a second or subsequent conviction, the

  18. Section 454.23 - Penalties

    Fla. Stat. § 454.23   Cited 51 times   1 Legal Analyses

    Any person not licensed or otherwise authorized to practice law in this state who practices law in this state or holds himself or herself out to the public as qualified to practice law in this state, or who willfully pretends to be, or willfully takes or uses any name, title, addition, or description implying that he or she is qualified, or recognized by law as qualified, to practice law in this state, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775

  19. Section 2.20 - Declarations in lieu of oaths

    37 C.F.R. § 2.20   Cited 7 times   7 Legal Analyses

    Instead of an oath, affidavit, or sworn statement, the language of 28 U.S.C. 1746 , or the following declaration language, may be used: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. 1001 , and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and