§Why CasetextPricing

Hisamatsu v. Niroula et al

Memorandum in Opposition to Dft BOH's Motion to Dismiss The SAC

86 Cited authorities

  1. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 62,803 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  2. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,898 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”

  3. Virgin Atlantic Airways v. Nat. Mediation Bd.

    956 F.2d 1245 (2d Cir. 1992)   Cited 2,110 times
    Holding that "[e]ven if Rule 54(b) allows parties to request district courts to revisit earlier rulings, the moving party must do so within the strictures of the law of the case doctrine"

  4. Rusheen v. Cohen

    37 Cal.4th 1048 (Cal. 2006)   Cited 1,162 times   2 Legal Analyses
    Holding California's litigation privilege precludes liability arising from noncommunicative acts that are necessarily related to enforcing a judgment

  5. Odom v. Microsoft Corp.

    486 F.3d 541 (9th Cir. 2007)   Cited 863 times
    Holding that plaintiffs had sufficiently alleged an association-in-fact enterprise of two corporations

  6. NL Industries, Inc. v. Kaplan

    792 F.2d 896 (9th Cir. 1986)   Cited 1,795 times
    Holding that response costs can be "necessary" even though the agency that required cleanup never approved the response actions taken

  7. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 709 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  8. People v. Martinez

    20 Cal.4th 225 (Cal. 1999)   Cited 629 times
    Holding that retroactive application of the revised kidnapping instruction was barred by the federal Due Process Clause

  9. Smith v. Pacific Properties and Dev. Corp.

    358 F.3d 1097 (9th Cir. 2004)   Cited 496 times
    Holding that under Rule 15 of the Federal Rules of Civil Procedure, leave to amend should be "freely given" unless amendment will result in undue prejudice to the opposing party or will be futile

  10. United States v. Alexander

    106 F.3d 874 (9th Cir. 1997)   Cited 549 times
    Holding that the "district court abused its discretion by departing from the law of the case and admitting a previously suppressed confession"

  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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 331,402 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 54 - Judgment; Costs

    Fed. R. Civ. P. 54   Cited 41,725 times   144 Legal Analyses
    Holding party seeking fees may additionally seek "nontaxable expenses"

  14. Section 17200 - Unfair competition defined

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

  15. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,276 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  16. Section 1572 - Actual fraud

    Cal. Civ. Code § 1572   Cited 849 times   2 Legal Analyses
    Imposing statutory duty on contracting parties to refrain from making "promise without any intention of performing it"

  17. Section 1689 - Consent of parties; cases in which party may rescind

    Cal. Civ. Code § 1689   Cited 801 times   3 Legal Analyses
    Allowing a party to unilaterally rescind a contract if its consent to the contract was "obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds"

  18. Section 1654 - Interpretation against party causing uncertainty

    Cal. Civ. Code § 1654   Cited 675 times   2 Legal Analyses
    Codifying the doctrine of contra proferentem

  19. Section 1668 - Exemption from responsibility of own fraud or willful injury

    Cal. Civ. Code § 1668   Cited 622 times   5 Legal Analyses
    Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"

  20. Section 480-2 - Unfair competition, practices, declared unlawful

    Haw. Rev. Stat. § 480-2   Cited 509 times   2 Legal Analyses
    Declaring unlawful "unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce"