§Why CasetextPricing

Kerr v. Zacks Investment Research, Inc. et al

MOTION to Dismiss for Failure to State a Claim

35 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,611 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 277,801 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,575 times
    Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

  4. Meyer v. Portfolio Recovery Assocs., LLC

    707 F.3d 1036 (9th Cir. 2012)   Cited 356 times   4 Legal Analyses
    Holding that a defendant violates the TCPA by calling a plaintiff's cellphone using an autodialing system without the plaintiff's consent

  5. Rutman Wine Co. v. E. J. Gallo Winery

    829 F.2d 729 (9th Cir. 1987)   Cited 428 times
    Holding district court's denial of leave to amend appropriate where the identified defects in prior order were not cured in amended complaint

  6. Kearney v. Salomon Smith Barney, Inc.

    39 Cal.4th 95 (Cal. 2006)   Cited 244 times   9 Legal Analyses
    Finding that a defendant can be liable under section 632 for recording its own conversation with plaintiff if plaintiff did not consent to the recording

  7. Davis v. Powell

    901 F. Supp. 2d 1196 (S.D. Cal. 2012)   Cited 154 times
    Holding that undue delay is delay that "prejudices the nonmoving party or imposes unwarranted burdens on the court."

  8. Wynn v. National Broadcasting Co., Inc.

    234 F. Supp. 2d 1067 (C.D. Cal. 2002)   Cited 185 times
    Holding there is no claim for aiding and abetting violation of the Age Discrimination in Employment Act because the act does not specifically authorize such liability, in contrast with the California Fair Employment and Housing Act, which specifically does

  9. Flores v. EMC Mortg. Co.

    997 F. Supp. 2d 1088 (E.D. Cal. 2014)   Cited 113 times
    Holding that plaintiff's allegation that '[he] is ready, willing, and able to unconditionally tender his obligation to the true holder in due course of Note and Deed of Trust' was conclusory and insufficient to plead tender

  10. Kimmel v. Goland

    51 Cal.3d 202 (Cal. 1990)   Cited 199 times
    Holding that the defendants' cross-complaint for damages for violation of California Penal Code § 632 was not barred by the litigation privilege because the defendants alleged that they were injured "from the taping of confidential telephone conversations, not from any 'publication' or 'broadcast' of the information contained in th[o]se conversations" and thus the litigation privilege was "plainly non applicable"

  11. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,784 times   743 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

  12. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,416 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions

  13. Section 340 - Penalty or forfeiture; libel, slander, false imprisonment, seduction, payment on forged check, neglect of animal; officer seizing property; good faith improver

    Cal. Code Civ. Proc. § 340   Cited 1,590 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

  14. Section 31 - Principals

    Cal. Pen. Code § 31   Cited 1,466 times
    Holding individuals who aid or abet the commission of an offense liable as principals

  15. Section 630 - Legislative declarations

    Cal. Pen. Code § 630   Cited 297 times   24 Legal Analyses
    Noting that CIPA was passed "to protect the right of privacy of the people of this state"

  16. Section 637.2 - Action against person who committed violation; injunctive relief

    Cal. Pen. Code § 637.2   Cited 220 times   3 Legal Analyses
    Providing for damages of the greater of $5,000 per violation or three times the plaintiff's actual damages

  17. Section 431.30 - General denial; denial made positively or according to information and belief of defendant

    Cal. Code Civ. Proc. § 431.30   Cited 148 times
    Requiring an answer to contain both a general or specific denial of factual allegations, § 431.30(b), and a statement of "any new matter constituting a defense," § 431.30(b)