57 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 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' "
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,546 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
In re Gilead Sciences
536 F.3d 1049 (9th Cir. 2008) Cited 2,905 times 4 Legal Analyses
Holding that a court need not accept as true "allegations that are merely conclusory"
Waller v. Truck Ins. Exchange, Inc.
11 Cal.4th 1 (Cal. 1995) Cited 1,749 times 5 Legal Analyses
Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability
Mack v. S. Bay Beer Distribs., Inc.
798 F.2d 1279 (9th Cir. 1986) Cited 2,370 times
Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency
Intri-Plex v. Crest
499 F.3d 1048 (9th Cir. 2007) Cited 957 times
Holding courts, when ruling on motion to dismiss, "may not consider material beyond the complaint," other than material as to which judicial notice may be taken
Gerritsen v. Warner Bros. Entertainment Inc.
112 F. Supp. 3d 1011 (C.D. Cal. 2015) Cited 431 times
Holding that judicial notice of defendant's website was improper where defendant was not a government body and the purpose of the website was not to provide public information
Yamaha Corp. of America v. State Bd. of Equalization
19 Cal.4th 1 (Cal. 1998) Cited 640 times 17 Legal Analyses
Holding that “administrative interpretation ... will be accorded great respect by the courts and will be followed it not clearly erroneous”
College Hospital Inc. v. Superior Court
8 Cal.4th 704 (Cal. 1994) Cited 527 times 1 Legal Analyses
Summarizing amendments
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 345,981 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
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 34,939 times 1234 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,286 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."
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 17,839 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 3294 - When damages recoverable for sake of example and by way of punishment; employer liability for acts of employee; death from homicide
Cal. Civ. Code § 3294 Cited 2,790 times 9 Legal Analyses
Stating plaintiff may recover punitive damages "in addition to the actual damages"
Section 10113.71 - Provision providing for grace period from premium due date; notice of pending lapse or termination of life policy
Cal. Ins. Code § 10113.71 Cited 63 times 9 Legal Analyses
(a) Each life insurance policy issued or delivered in this state shall contain a provision for a grace period of not less than 60 days from the premium due date. The 60-day grace period shall not run concurrently with the period of paid coverage. The provision shall provide that the policy shall remain in force during the grace period. (b) (1) A notice of pending lapse and termination of a life insurance policy shall not be effective unless mailed by the insurer to the named policy owner, a designee
Section 6 - Actions or proceedings commended before effective date
Cal. Civ. Code § 6 Cited 45 times 2 Legal Analyses
In section 6 of the Civil Code we find the following provision: "No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions."
Section 10 - Section, subdivision or subsection defined
Cal. Ins. Code § 10 Cited 18 times
"Section" means a section of this code unless some other statute is specifically mentioned and "subdivision" or "subsection" means a subdivision or subsection of the section in which that term occurs unless some other section is expressly mentioned. Ca. Ins. Code § 10 Amended by Stats. 1955, Ch. 471.
Section 7 - Power or duty performed by deputy
Cal. Ins. Code § 7 Cited 14 times
Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. Ca. Ins. Code § 7 Enacted by Stats. 1935, Ch. 145.
Section 14 - County
Cal. Ins. Code § 14 Cited 13 times
"County" includes "city and county." Ca. Ins. Code § 14 Enacted by Stats. 1935, Ch. 145.

Jennifer Bentley v. United of Omaha Life Insurance Company et Al.

57 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"

Holding that a court need not accept as true "allegations that are merely conclusory"

Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability

Holding that state agency determination in unemployment hearing did not preclude federal employment discrimination claim because plaintiff did not have adequate opportunity to present discrimination claim before agency

Holding courts, when ruling on motion to dismiss, "may not consider material beyond the complaint," other than material as to which judicial notice may be taken

Holding that judicial notice of defendant's website was improper where defendant was not a government body and the purpose of the website was not to provide public information

Holding that “administrative interpretation ... will be accorded great respect by the courts and will be followed it not clearly erroneous”

Summarizing amendments

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Prohibiting unlawful business practices

Stating plaintiff may recover punitive damages "in addition to the actual damages"

In section 6 of the Civil Code we find the following provision: "No action or proceeding commenced before this code takes effect, and no right accrued, is affected by its provisions."