42 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,785 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 265,756 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' "
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,453 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,049 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,295 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Clegg v. Cult Awareness Network
18 F.3d 752 (9th Cir. 1994) Cited 1,846 times
Holding that a national organization was not sufficiently connected to a "place" open to the public
Mack v. S. Bay Beer Distribs., Inc.
798 F.2d 1279 (9th Cir. 1986) Cited 2,370 times
Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency
Warren v. Fox Family Worldwide, Inc.
328 F.3d 1136 (9th Cir. 2003) Cited 1,139 times 1 Legal Analyses
Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."
California ex rel. Lockyer v. Dynegy, Inc.
375 F.3d 831 (9th Cir. 2004) Cited 862 times 4 Legal Analyses
Holding that "substantive provisions of the tariff" are "an area reserved exclusively to FERC, both to enforce and to seek remedy"
Steckman v. Hart Brewing, Inc.
143 F.3d 1293 (9th Cir. 1998) Cited 1,044 times 1 Legal Analyses
Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”
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 344,855 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,692 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract
Cal. Code Civ. Proc. § 337 Cited 1,684 times 5 Legal Analyses
Governing rescissions of written contracts
Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing
Cal. Code Civ. Proc. § 339 Cited 1,512 times 1 Legal Analyses
Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"
Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; violation of FPA or Forestry and Fire Protection rules and regulations
Cal. Code Civ. Proc. § 338 Cited 1,477 times
Setting three-year statute of limitations for a liability based on statute like the CSA

Glassey et al v. Symmetricom, Inc.

42 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding that a national organization was not sufficiently connected to a "place" open to the public

Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency

Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

Holding that "substantive provisions of the tariff" are "an area reserved exclusively to FERC, both to enforce and to seek remedy"

Holding that the court is “not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint”

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Governing rescissions of written contracts

Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"

Setting three-year statute of limitations for a liability based on statute like the CSA