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IN RE: JIFFY LUBE INTERNATIONAL, INC., TEXT SPAM LITIGATION

RESPONSE in Opposition re MOTION to Dismiss Master Consolidated Complaint [Opposition to Request for Judicial Notice]

14 Cited authorities

  1. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 10,660 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  2. Warren v. Fox Family Worldwide, Inc.

    328 F.3d 1136 (9th Cir. 2003)   Cited 1,150 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."

  3. Parrino v. FHP, Inc.

    146 F.3d 699 (9th Cir. 1998)   Cited 1,257 times   3 Legal Analyses
    Holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity

  4. Walker v. Woodford

    454 F. Supp. 2d 1007 (S.D. Cal. 2006)   Cited 87 times
    Holding that the plaintiff's prison medical records are not matters of public record subject to judicial notice

  5. Hotel Employees and Restaurant Employees Local 2 v. Vista Inn Management Co.

    393 F. Supp. 2d 972 (N.D. Cal. 2005)   Cited 81 times
    Finding that taking judicial notice of official records did not convert dismissal motion into motion for summary judgment

  6. Grant v. Capital Mgmt. Servs. L.P.

    No. 11-56200 (9th Cir. Sep. 2, 2011)   Cited 50 times
    Allowing defendant to submit declaration by an employee based on its own business records to establish amount in controversy

  7. In re Wet Seal Inc. Securities Litigation

    518 F. Supp. 2d 1148 (C.D. Cal. 2007)   Cited 54 times
    Finding non-actionable puffery a statement that the company was "on track to deliver improved financial performance in the fall, in line with our turnaround plan"

  8. Kenneally v. Bank of Nova Scotia

    711 F. Supp. 2d 1174 (S.D. Cal. 2010)   Cited 29 times
    Taking judicial notice of a webpage

  9. In re Stanwyck

    450 B.R. 181 (Bankr. C.D. Cal. 2011)   Cited 21 times
    Rejecting "Defendants' assertion that [plaintiff] was required to reopen his prior bankruptcy cases to assert [Section] 362(k) claims"

  10. Gordon v. Impulse Marketing Group, Inc.

    375 F. Supp. 2d 1040 (E.D. Wash. 2005)   Cited 12 times
    Explaining that a claim under Washington's Commercial Electronic Mail Act and related CPA claim did not sound in fraud because the claims required different elements

  11. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,507 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."