Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal AnalysesHolding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 times 367 Legal AnalysesHolding 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' "
Vess v. Ciba-Geigy Corp. USA
317 F.3d 1097 (9th Cir. 2003) Cited 4,253 times 3 Legal AnalysesHolding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,898 times 3 Legal AnalysesHolding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Kearns v. Ford Motor Co.
567 F.3d 1120 (9th Cir. 2009) Cited 2,288 times 5 Legal AnalysesHolding that circumstances constituting fraud must be stated with particularity
Lazy Y Ranch Ltd. v. Behrens
546 F.3d 580 (9th Cir. 2008) Cited 1,340 times 3 Legal AnalysesHolding that a class-based equal protection claim arises when the "law is applied in a discriminatory manner or imposes different burdens on different classes of people"
Newcal Industries, Inc. v. IKON Office Solution
513 F.3d 1038 (9th Cir. 2008) Cited 863 times 2 Legal AnalysesHolding that plaintiff who had already filed a fraud suit under the Sherman Act, Lanham Act, and RICO had standing to seek a declaration that the defendant's fraudulently procured contracts were invalid
Schmier v. United States Court of Appeals for the Ninth Circuit
279 F.3d 817 (9th Cir. 2002) Cited 300 timesHolding amendment futile where "it was not factually possible for plaintiff to amend the complaint so as to satisfy [the underlying problem]"
Glen Holly Entertainment v. Tektronix Inc.
343 F.3d 1000 (9th Cir. 2003) Cited 279 timesHolding that "generalized, vague, and unspecific assertions constitute[e] mere 'puffery' upon which a reasonable consumer [cannot] rely."
Rosal v. First Federal Bank of California
671 F. Supp. 2d 1111 (N.D. Cal. 2009) Cited 198 timesHolding that foreclosing on a property pursuant to a deed of trust is not "debt collection" for purposes of the RFDCPA
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 AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 91,980 times 91 Legal AnalysesFinding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 4 - Summons
Fed. R. Civ. P. 4 Cited 70,485 times 126 Legal AnalysesHolding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,307 times 323 Legal AnalysesRequiring that fraud be pleaded with particularity
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,004 times 315 Legal AnalysesProhibiting unlawful business practices
Section 2313 - Express warranties by affirmation, promise, description, sample
Cal. Com. Code § 2313 Cited 370 times 1 Legal AnalysesStating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"