Ashcroft v. Iqbal

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

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' "

Robertson v. Dean Witter Reynolds, Inc.

Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order

Meyer v. Portfolio Recovery Assocs., LLC

Holding that a defendant violates the TCPA by calling a plaintiff's cellphone using an autodialing system without the plaintiff's consent

Wynn v. National Broadcasting Co., Inc.

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

Kimmel v. Goland

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"

Giovanniello v. ALM Media, LLC

Holding that the state-oriented language in the TCPA was intended “merely [to] permit states to open or close their courthouse doors to TCPA claims”

Jones v. FMA Alliance Ltd.

In Jones, the plaintiff's proposed amended complaint pleaded no more than a bare allegation that the defendant used an ATDS.

Johansen v. Vivant, Inc.

Holding "pleading the use of an ATDS, without providing any other supporting facts," flunks Rule 12(b)

Gragg v. Orange Cab Co.

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

Rule 10 - Form of Pleadings

Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

Section 227 - Restrictions on use of telephone equipment

Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals

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

Holding that the state-law tort period controls § 1983 actions

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

Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003

Section 31 - Principals

Holding individuals who aid or abet the commission of an offense liable as principals

Section 632 - Unlawful eavesdropping or recording

Providing for "imprisonment in the county jail not exceeding one year"

Section 630 - Legislative declarations

Noting that CIPA was passed "to protect the right of privacy of the people of this state"

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

Providing for damages of the greater of $5,000 per violation or three times the plaintiff's actual damages