64 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 264,884 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 278,070 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,023 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,748 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
  5. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,416 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))
  6. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,449 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  7. Simon v. E. Ky. Welfare Rights Org.

    426 U.S. 26 (1976)   Cited 3,280 times   6 Legal Analyses
    Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs
  8. Abrego Abrego v. the Dow Chemical Co.

    443 F.3d 676 (9th Cir. 2006)   Cited 4,545 times   14 Legal Analyses
    Holding that the silence of the Class Action Fairness Act regarding the burden of proving removal jurisdiction indicated Congressional intent to leave intact the common law rule placing the burden on the defendant
  9. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,472 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"
  10. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,696 times   17 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
  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 359,389 times   954 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 162,871 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,317 times   316 Legal Analyses
    Prohibiting unlawful business practices
  14. Section 2 - Judicial Power and Jurisdiction

    U.S. Const. art. III, § 2   Cited 11,047 times   4 Legal Analyses
    Granting federal courts power only to resolve “cases” and “controversies”
  15. Section 17208 - Statute of limitations

    Cal. Bus. & Prof. Code § 17208   Cited 641 times   2 Legal Analyses
    Governing UCL claims
  16. Section 15610.30 - Financial abuse

    Cal. Welf. and Inst. Code § 15610.30   Cited 486 times   6 Legal Analyses
    Defining financial elder abuse
  17. Section 15610.27 - Elder

    Cal. Welf. and Inst. Code § 15610.27   Cited 147 times
    Defining "elder" as "any person residing in this state, 65 years of age or older"
  18. Section 15657.7 - Limitation of action for damages for financial abuse of elder or dependent adult

    Cal. Welf. and Inst. Code § 15657.7   Cited 58 times   1 Legal Analyses

    An action for damages pursuant to Sections 15657.5 and 15657.6 for financial abuse of an elder or dependent adult, as defined in Section 15610.30, shall be commenced within four years after the plaintiff discovers or, through the exercise of reasonable diligence, should have discovered, the facts constituting the financial abuse. Ca. Welf. and Inst. Code § 15657.7 Added by Stats 2008 ch 475 (SB 1140),s 4, eff. 1/1/2009.

  19. Section 15657.6 - Return of property taken upon demand

    Cal. Welf. and Inst. Code § 15657.6   Cited 11 times

    A person or entity that takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining the real or personal property of an elder or dependent adult when the elder or dependent adult lacks capacity pursuant to Section 812 of the Probate Code, or is of unsound mind, but not entirely without understanding, pursuant to Section 39 of the Civil Code, shall, upon demand by the elder or dependent adult or a representative of the elder or dependent