24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,484 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
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,331 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' "
  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,207 times   3 Legal Analyses
    Holding 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
  4. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,873 times   3 Legal Analyses
    Holding 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”
  5. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,260 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  6. Lazy Y Ranch Ltd. v. Behrens

    546 F.3d 580 (9th Cir. 2008)   Cited 1,327 times   3 Legal Analyses
    Holding 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"
  7. Newcal Industries, Inc. v. IKON Office Solution

    513 F.3d 1038 (9th Cir. 2008)   Cited 851 times   2 Legal Analyses
    Holding 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
  8. Schmier v. United States Court of Appeals for the Ninth Circuit

    279 F.3d 817 (9th Cir. 2002)   Cited 298 times
    Holding amendment futile where "it was not factually possible for plaintiff to amend the complaint so as to satisfy [the underlying problem]"
  9. Glen Holly Entertainment v. Tektronix Inc.

    343 F.3d 1000 (9th Cir. 2003)   Cited 274 times
    Holding that "generalized, vague, and unspecific assertions constitute[e] mere 'puffery' upon which a reasonable consumer [cannot] rely."
  10. Rosal v. First Federal Bank of California

    671 F. Supp. 2d 1111 (N.D. Cal. 2009)   Cited 197 times
    Holding that foreclosing on a property pursuant to a deed of trust is not "debt collection" for purposes of the RFDCPA
  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 346,675 times   923 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,772 times   91 Legal Analyses
    Finding 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
  13. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 69,253 times   122 Legal Analyses
    Holding 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
  14. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,974 times   317 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  15. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,862 times   315 Legal Analyses
    Prohibiting unlawful business practices
  16. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 367 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"