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J.B. Hughes And Associates v. Giunio Santi Engineering et al

MOTION to Dismiss for Failure to State a Claim First Amended Complaint with Prejudice

33 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,544 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 266,461 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. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,655 times   16 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"

  4. Warren v. Fox Family Worldwide, Inc.

    328 F.3d 1136 (9th Cir. 2003)   Cited 1,141 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."

  5. Parrino v. FHP, Inc.

    146 F.3d 699 (9th Cir. 1998)   Cited 1,253 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

  6. Durell v. Sharp Healthcare

    183 Cal.App.4th 1350 (Cal. Ct. App. 2010)   Cited 535 times   3 Legal Analyses
    Holding that actual reliance is an element of CUCL claims under the unlawful prong

  7. Rutherford v. Owens-Illinois, Inc.

    16 Cal.4th 953 (Cal. 1997)   Cited 597 times   12 Legal Analyses
    Holding "plaintiffs may prove causation in asbestos-related cancer cases by demonstrating that the plaintiff's [or decedent's] exposure to defendant's asbestos-containing product in reasonable medical probability was a substantial factor in contributing to the aggregate dose of asbestos the plaintiff or decedent inhaled or ingested, and hence to the risk of developing asbestos-related cancer"

  8. Pacific Gas Electric Co. v. Bear Stearns Co.

    50 Cal.3d 1118 (Cal. 1990)   Cited 665 times   5 Legal Analyses
    Holding that interference with plaintiff's performance may give rise to a claim for interference with contractual relations if plaintiff's performance is made more costly or more burdensome

  9. Della Penna v. Toyota Motor Sales, U.S.A., Inc.

    11 Cal.4th 376 (Cal. 1995)   Cited 520 times   6 Legal Analyses
    Holding that the tort of intentional or negligence interference with prospective economic advantage requires that a defendant's interference be wrongful "by some measure beyond the fact of the interference itself

  10. LiMandri v. Judkins

    52 Cal.App.4th 326 (Cal. Ct. App. 1997)   Cited 496 times
    Holding that nondisclosure may constitute fraud "when the defendant had exclusive knowledge of material facts not known to the plaintiff"

  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 345,715 times   922 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 90,478 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