62 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,488 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  2. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,182 times   13 Legal Analyses
    Holding that, in limited circumstances, federal courts should abstain from deciding a case when there are related proceedings pending in state court
  3. Christianson v. Colt Indus. Operating Corp.

    486 U.S. 800 (1988)   Cited 3,126 times   21 Legal Analyses
    Holding that the appeal belonged before the regional circuit because the claims did not arise under patent law
  4. Parks School of Business, Inc. v. Symington

    51 F.3d 1480 (9th Cir. 1995)   Cited 2,531 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
  5. Lucas v. Department of Corrections

    66 F.3d 245 (9th Cir. 1995)   Cited 2,299 times
    Holding that dismissal of a pro se complaint without leave to amend is proper only if it is clear that the deficiencies cannot be cured by amendment or after the pro se litigant is given an opportunity to amend
  6. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,659 times   3 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim
  7. Burnett v. N.Y. Cent. R. Co.

    380 U.S. 424 (1965)   Cited 1,016 times
    Holding that an action filed in an improper venue tolled the FELA statute of limitations, and noting that "venue objections may be waived by the defendant"
  8. Gilligan v. Jamco Development Corp.

    108 F.3d 246 (9th Cir. 1997)   Cited 958 times
    Setting forth elements of a FHA claim
  9. Silberg v. Anderson

    50 Cal.3d 205 (Cal. 1990)   Cited 1,015 times   1 Legal Analyses
    Holding that the litigation privilege applied, even after the finality of a marriage dissolution decree, to an attorney who made statements during a marriage dissolution proceeding
  10. Lear, Inc. v. Adkins

    395 U.S. 653 (1969)   Cited 495 times   38 Legal Analyses
    Holding that the licensee is "permitted to avoid the payment of all royalties" if it can prove patent invalidity
  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 345,620 times   922 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 156,056 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,902 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  14. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,396 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"
  15. Section 1710 - Deceit defined

    Cal. Civ. Code § 1710   Cited 891 times   2 Legal Analyses
    Defining "deceit"
  16. Section 340.6 - Attorney's wrongful act or omission in performance of professional services

    Cal. Code Civ. Proc. § 340.6   Cited 593 times   1 Legal Analyses
    Holding that limitations period on plaintiff's legal malpractice action did not begin until plaintiff had suffered "appreciable harm" and "mere breach of . . . duty, causing only nominal damages, speculative harm, or the threat of future harm— not yet realized—does not suffice to create a cause of action for negligence"
  17. Section 2 - Effective date

    Cal. Code Civ. Proc. § 2   Cited 511 times   1 Legal Analyses
    Governing vexatious litigants
  18. Section 623 - Contradiction of deliberate statement or conduct

    Cal. Evid. Code § 623   Cited 215 times

    Whenever a party has, by his own statement or conduct, intentionally and deliberately led another to believe a particular thing true and to act upon such belief, he is not, in any litigation arising out of such statement or conduct, permitted to contradict it. Ca. Evid. Code § 623 Enacted by Stats. 1965, Ch. 299.

  19. Section 356 - Commencement stayed by injunction or statutory prohibition

    Cal. Code Civ. Proc. § 356   Cited 84 times   1 Legal Analyses
    Tolling applies whenever commencement of an action is statutorily prohibited