31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,776 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 268,550 times   366 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. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,552 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 353 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. Wynn v. National Broadcasting Co., Inc.

    234 F. Supp. 2d 1067 (C.D. Cal. 2002)   Cited 181 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
  6. Kimmel v. Goland

    51 Cal.3d 202 (Cal. 1990)   Cited 198 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"
  7. Giovanniello v. ALM Media, LLC

    726 F.3d 106 (2d Cir. 2013)   Cited 62 times   1 Legal Analyses
    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”
  8. Jones v. FMA Alliance Ltd.

    978 F. Supp. 2d 84 (D. Mass. 2013)   Cited 27 times
    In Jones, the plaintiff's proposed amended complaint pleaded no more than a bare allegation that the defendant used an ATDS.
  9. Johansen v. Vivant, Inc.

    No. 12 C 7159 (N.D. Ill. Dec. 18, 2012)   Cited 22 times
    Holding "pleading the use of an ATDS, without providing any other supporting facts," flunks Rule 12(b)
  10. Gragg v. Orange Cab Co.

    942 F. Supp. 2d 1111 (W.D. Wash. 2013)   Cited 19 times

    No. C12–0576RSL. 2013-04-26 Torrey GRAGG, Plaintiff, v. ORANGE CAB COMPANY, INC., et al., Defendant. Albert H. Kirby, Kirby Law Group, Donald W. Heyrich, Heyrich Kalish McGuigan PLLC, Seattle, WA, for Plaintiff. Kenneth E. Payson, Ryan C. Gist, Davis Wright Tremaine, Seattle, WA, for Defendant. ROBERT S. LASNIK Albert H. Kirby, Kirby Law Group, Donald W. Heyrich, Heyrich Kalish McGuigan PLLC, Seattle, WA, for Plaintiff. Kenneth E. Payson, Ryan C. Gist, Davis Wright Tremaine, Seattle, WA, for Defendant

  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 348,046 times   927 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 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,659 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion
  13. Section 227 - Restrictions on use of telephone equipment

    47 U.S.C. § 227   Cited 5,686 times   736 Legal Analyses
    Granting exclusive jurisdiction to federal courts over actions brought by state attorney generals
  14. Section 1658 - Time limitations on the commencement of civil actions arising under Acts of Congress

    28 U.S.C. § 1658   Cited 2,383 times   41 Legal Analyses
    Holding that the state-law tort period controls § 1983 actions
  15. 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 1,569 times   4 Legal Analyses
    Providing a one-year statute of limitations for personal injury claims arising prior to January 1, 2003
  16. Section 31 - Principals

    Cal. Pen. Code § 31   Cited 1,444 times
    Holding individuals who aid or abet the commission of an offense liable as principals
  17. Section 632 - Unlawful eavesdropping or recording

    Cal. Pen. Code § 632   Cited 551 times   17 Legal Analyses
    Providing for "imprisonment in the county jail not exceeding one year"
  18. Section 630 - Legislative declarations

    Cal. Pen. Code § 630   Cited 280 times   23 Legal Analyses
    Noting that CIPA was passed "to protect the right of privacy of the people of this state"
  19. Section 637.2 - Action against person who committed violation; injunctive relief

    Cal. Pen. Code § 637.2   Cited 210 times   2 Legal Analyses
    Providing for damages of the greater of $5,000 per violation or three times the plaintiff's actual damages