30 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,756 times   364 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' "
  2. Navarro v. Block

    250 F.3d 729 (9th Cir. 2001)   Cited 5,527 times   1 Legal Analyses
    Holding that dismissal is proper where there is "an absence of sufficient facts alleged to support a cognizable legal theory"
  3. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,247 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  4. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,858 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
  5. Branch v. Tunnell

    14 F.3d 449 (9th Cir. 1994)   Cited 2,962 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.'"
  6. Ileto v. Glock Inc.

    349 F.3d 1191 (9th Cir. 2003)   Cited 1,298 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
  7. Parrino v. FHP, Inc.

    146 F.3d 699 (9th Cir. 1998)   Cited 1,250 times   3 Legal Analyses
    Holding that the district court properly considered documents attached to a motion to dismiss that described the terms of plaintiff's group health insurance plan, where plaintiff alleged membership in the plan, his claims depended on the conditions described in the documents, and plaintiff never disputed their authenticity
  8. Thompson v. Davis

    295 F.3d 890 (9th Cir. 2002)   Cited 946 times
    Holding that parole proceedings constitute an "activity" within the meaning of Title II of the ADA
  9. Robertson v. Dean Witter Reynolds, Inc.

    749 F.2d 530 (9th Cir. 1984)   Cited 1,546 times
    Holding that voluntary dismissal of causes of action not covered by summary judgment order creates an appealable final order
  10. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,056 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer
  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 344,855 times   920 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,849 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,189 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."
  14. Section 1692 - Congressional findings and declaration of purpose

    15 U.S.C. § 1692   Cited 14,980 times   139 Legal Analyses
    Finding that abusive debt-collection practices lead to "personal bankruptcies," "marital instability," "loss of jobs," and "invasions of individual privacy"
  15. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,505 times   54 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
  16. Section 1692a - Definitions

    15 U.S.C. § 1692a   Cited 6,212 times   83 Legal Analyses
    Defining debt collector
  17. Section 1788 - Title of act

    Cal. Civ. Code § 1788   Cited 1,056 times   5 Legal Analyses

    This title may be cited as the Rosenthal Fair Debt Collection Practices Act. Ca. Civ. Code § 1788 Amended by Stats 2000 ch 375 (AB 1331), s 5, eff. 1/1/2001. Previously Amended September 3, 1999 (Bill Number: AB 969) (Chapter 319).

  18. Section 1788.17 - Applicability of United States Code provisions to debt collectors

    Cal. Civ. Code § 1788.17   Cited 524 times
    Incorporating federal FDCPA provisions
  19. Section 1671 - Validity of liquidated damages provision

    Cal. Civ. Code § 1671   Cited 496 times   17 Legal Analyses
    Invalidating unreasonable liquidated damages