65 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 249,650 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 263,703 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' "
  3. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,237 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  4. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,550 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  5. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,408 times   23 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  6. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,199 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  7. Wigod v. Wells Fargo Bank, N.A.

    673 F.3d 547 (7th Cir. 2012)   Cited 1,041 times   6 Legal Analyses
    Holding that HAMP does not preempt breach of contract, common fraudulent representation, or state law consumer fraud statutory claims
  8. Waller v. Truck Ins. Exchange, Inc.

    11 Cal.4th 1 (Cal. 1995)   Cited 1,743 times   5 Legal Analyses
    Holding that, when extrinsic facts eliminate the potential for coverage, an insurer may decline to defend even if the complaint had suggested potential liability
  9. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,261 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."
  10. Usher v. City of Los Angeles

    828 F.2d 556 (9th Cir. 1987)   Cited 2,062 times
    Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,651 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 110100 - Federal food labeling regulations

    Cal. Health & Saf. Code § 110100   Cited 105 times
    Incorporating "[a]ll [federal] food labeling regulations and any amendments to those regulations"
  13. Section 110380 - Regulations

    Cal. Health & Saf. Code § 110380   Cited 3 times

    All regulations and their amendments pertaining to foods, drugs, devices, and cosmetics that are in effect on the effective date of this part, or that are adopted on or after that date, pursuant to the Fair Packaging and Labeling Act (80 Stat. 1296; 15 U.S.C. Sec. 1451 et seq.) shall be the regulations of this state. The department may, when necessary, prescribe any packaging and labeling regulation for foods, drugs, devices, and cosmetics whether or not the regulation is in accordance with regulations

  14. Section 110505 - Definitions and standards of identity, quality, and fill of container

    Cal. Health & Saf. Code § 110505   Cited 2 times
    Adopting FDA standards
  15. Section 112877 - Olive oil grades

    Cal. Health & Saf. Code § 112877

    Olive oil grades are defined as follows: (a) "Virgin olive oils" are the oils obtained from the fruit of the olive tree solely by mechanical or other physical means under conditions, including thermal conditions, that do not lead to alterations in the oil, and that have not undergone any treatment other than washing, decanting, centrifuging, and filtration. Virgin olive oils without further processing include: (1) "Extra virgin olive oil" is virgin olive oil that has excellent flavor and odor expressed

  16. Section 101.18 - Misbranding of food

    21 C.F.R. § 101.18   Cited 23 times   2 Legal Analyses
    Governing product names “generally understood by the consumer to mean the product of a particular manufacturer or distributor”