40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,520 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 265,488 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' "
Fogerty v. Fantasy, Inc.
510 U.S. 517 (1994) Cited 2,810 times 30 Legal Analyses
Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,640 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
In re Gilead Sciences
536 F.3d 1049 (9th Cir. 2008) Cited 2,894 times 4 Legal Analyses
Holding that a court need not accept as true "allegations that are merely conclusory"
United States ex rel. Lee v. Corinthian Colls.
655 F.3d 984 (9th Cir. 2011) Cited 1,472 times 1 Legal Analyses
Holding that this Court "can affirm a 12(b) dismissal 'on any ground supported by the record, even if the district court did not rely on the ground.'" (quoting Livid Holdings, Ltd. v. Salomon Smith Barney, Inc., 416 F.3d 940, 950 (9th Cir. 2005))
Whittlestone, Inc. v. Handi-Craft Co.
618 F.3d 970 (9th Cir. 2010) Cited 1,308 times 2 Legal Analyses
Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief
Marder v. Lopez
450 F.3d 445 (9th Cir. 2006) Cited 1,007 times 2 Legal Analyses
Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”
Chavez v. United States
683 F.3d 1102 (9th Cir. 2012) Cited 741 times 1 Legal Analyses
Holding that a Bivens action could be sustained against Border Patrol agents
Coto Settlement v. Eisenberg
593 F.3d 1031 (9th Cir. 2010) Cited 799 times
Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance
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 344,565 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 155,530 times 193 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,286 times 183 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,318 times 140 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 339 - Contract, obligation not founded on written instrument; against sheriff or coroner for doing official act; rescission of contract not in writing
Cal. Code Civ. Proc. § 339 Cited 1,510 times 1 Legal Analyses
Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"

Lily Jeung et al v. Yelp Inc

40 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 under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that a court need not accept as true "allegations that are merely conclusory"

Holding that this Court "can affirm a 12(b) dismissal 'on any ground supported by the record, even if the district court did not rely on the ground.'" (quoting Livid Holdings, Ltd. v. Salomon Smith Barney, Inc., 416 F.3d 940, 950 (9th Cir. 2005))

Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

Holding courts may consider on a motion pursuant to Federal Rule of Civil Procedure 12(b) extrinsic documents if the complaint refers to the document; the document is central to the plaintiff's claim; and no party questions the authenticity of the [document proffered]”

Holding that a Bivens action could be sustained against Border Patrol agents

Holding that on a motion to dismiss, a court may consider documents outside the complaint when the contents of the document are alleged in the complaint, the document's authenticity is not in question, and there are no disputed issues as to the document's relevance

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Holding that a plaintiff must initiate within two years "[a]n action upon a contract, obligation or liability not founded upon an instrument of writing"