119 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 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' "
Erickson v. Pardus
551 U.S. 89 (2007) Cited 61,666 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,153 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Jenkins v. McKeithen
395 U.S. 411 (1969) Cited 7,593 times
Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party
Davis v. Passman
442 U.S. 228 (1979) Cited 2,922 times 2 Legal Analyses
Holding that former congressional staff member could sue U.S. Congressman for damages under Fifth Amendment for discriminating against her on basis of sex
United States v. Hays
515 U.S. 737 (1995) Cited 964 times
Holding that while a plaintiff residing in a racially gerrymandered district had standing to challenge the redistricting, a plaintiff not residing in such a district lacked standing to challenge the redistricting
Kwikset Corp. v. Superior Court
51 Cal.4th 310 (Cal. 2011) Cited 1,564 times 27 Legal Analyses
Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,421 times 22 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"
Parks School of Business, Inc. v. Symington
51 F.3d 1480 (9th Cir. 1995) Cited 2,533 times 3 Legal Analyses
Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 156,250 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 28,286 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."
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,527 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
Section 1030 - Fraud and related activity in connection with computers
18 U.S.C. § 1030 Cited 3,230 times 408 Legal Analyses
Holding cellular phones are protected
Section 1
Cal. Const. art. I § 1 Cited 1,058 times 1 Legal Analyses
Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"
Section 1670.5 - Contract or clause unconscionable
Cal. Civ. Code § 1670.5 Cited 760 times 3 Legal Analyses
Adopting UCC section 2-302 and making it generally applicable to all contracts
Section 1780 - Action by consumer; remedies; senior citizens or disabled persons; costs and attorney's fees
Cal. Civ. Code § 1780 Cited 648 times 3 Legal Analyses
Granting standing to consumers who have suffered damage "as a result of" a violation
Section 1668 - Exemption from responsibility of own fraud or willful injury
Cal. Civ. Code § 1668 Cited 618 times 5 Legal Analyses
Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"
Section 502 - Unauthorized access to computers, computer systems, and computer data
Cal. Pen. Code § 502 Cited 401 times 21 Legal Analyses
Granting standing to the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss
Section 3513 - Waiver of advantage of law
Cal. Civ. Code § 3513 Cited 344 times 9 Legal Analyses
Stating that "[a]ny one may waive the advantage of a law intended solely for his benefit [b]ut a law established for a public reason cannot be contravened by a private agreement"

Lalo v. Apple, Inc et al

119 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 a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Holding that in 12(b) motions, material allegations are taken as true and liberally construed in favor of non-moving party

Holding that former congressional staff member could sue U.S. Congressman for damages under Fifth Amendment for discriminating against her on basis of sex

Holding that while a plaintiff residing in a racially gerrymandered district had standing to challenge the redistricting, a plaintiff not residing in such a district lacked standing to challenge the redistricting

Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"

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"

Holding that a corporation had standing to sue under § 1981 alleging that defendants discriminated against it because it contracts with racial minorities

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Holding cellular phones are protected

Providing "[a]ll people are by nature free and independent and have inalienable rights," including the right of "privacy"

Adopting UCC section 2-302 and making it generally applicable to all contracts

Granting standing to consumers who have suffered damage "as a result of" a violation

Prohibiting contractual waivers, whether "direct or indirect," that "exempt any one from responsibility for his own ... violation of law"

Granting standing to the owner or lessee of the computer, computer system, computer network, computer program, or data who suffers damage or loss

Stating that "[a]ny one may waive the advantage of a law intended solely for his benefit [b]ut a law established for a public reason cannot be contravened by a private agreement"