40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 255,028 times 280 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 268,776 times 367 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' "
Neitzke v. Williams
490 U.S. 319 (1989) Cited 56,177 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Navarro v. Block
250 F.3d 729 (9th Cir. 2001) Cited 5,587 times 1 Legal Analyses
Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
Guz v. Bechtel National, Inc.
24 Cal.4th 317 (Cal. 2000) Cited 3,257 times 4 Legal Analyses
Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."
Galbraith v. County of Santa Clara
307 F.3d 1119 (9th Cir. 2002) Cited 2,880 times 1 Legal Analyses
Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim
Branch v. Tunnell
14 F.3d 449 (9th Cir. 1994) Cited 2,979 times
Holding that plaintiffs "`must state in their complaint nonconclusory allegations setting forth evidence of unlawful intent. The allegations of facts must be specific and concrete enough to enable the defendants to prepare a response, and where appropriate, a motion for summary judgment based on qualified immunity.'"
Chappel v. Laboratory Corp. of America
232 F.3d 719 (9th Cir. 2000) Cited 1,493 times 1 Legal Analyses
Holding that an ERISA plan administrator would have breached its fiduciary duty if it adopted a mandatory arbitration clause with a 60–day time limit in which to demand arbitration, and gave notice of the clause and its terms only in a summary plan description contained in an employment manual
Ileto v. Glock Inc.
349 F.3d 1191 (9th Cir. 2003) Cited 1,307 times 1 Legal Analyses
Holding gun manufacturers liable because they were "in the best position to protect against the risk of harm" caused by the purchase of illegal guns from all of the different sellers to whom they distributed
Clegg v. Cult Awareness Network
18 F.3d 752 (9th Cir. 1994) Cited 1,854 times
Holding that a national organization was not sufficiently connected to a "place" open to the public
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 348,310 times 930 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,098 times 320 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1709 - Willfully deceiving another
Cal. Civ. Code § 1709 Cited 729 times 2 Legal Analyses
Requiring willful deception
Section 1691 - Notice after discovering facts entitling party to rescind
Cal. Civ. Code § 1691 Cited 583 times 3 Legal Analyses
Providing that whether a party delayed in giving notice of an intent to rescind is measured against the time when the party seeking rescission "discovered the facts which entitled him to rescind."

Kimball v. BAC Home Loan Servicing, LP et al

40 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 "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

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

Holding that an implied covenant "cannot be endowed with an existence independent of its contractual underpinnings. It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement."

Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim

Holding that an ERISA plan administrator would have breached its fiduciary duty if it adopted a mandatory arbitration clause with a 60–day time limit in which to demand arbitration, and gave notice of the clause and its terms only in a summary plan description contained in an employment manual

Holding gun manufacturers liable because they were "in the best position to protect against the risk of harm" caused by the purchase of illegal guns from all of the different sellers to whom they distributed

Holding that a national organization was not sufficiently connected to a "place" open to the public

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

Requiring that fraud be pleaded with particularity

Requiring willful deception

Providing that whether a party delayed in giving notice of an intent to rescind is measured against the time when the party seeking rescission "discovered the facts which entitled him to rescind."