§Why CasetextPricing

Mariter Roldan et al v. Fresenius Medical Care North America Limited Partnership et al

NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to State a Claim Upon Which Relief Can Be Granted

54 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,700 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 268,482 times   366 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. Moses H. Cone Hosp. v. Mercury Constr. Corp.

    460 U.S. 1 (1983)   Cited 11,953 times   49 Legal Analyses
    Holding stay order appealable under § 1291 where it put the litigant "effectively out of court," and "surrender[ed] jurisdiction of a federal suit to a state court"

  4. Colorado River Water Cons. Dist. v. U.S.

    424 U.S. 800 (1976)   Cited 8,204 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

  5. United States v. Bestfoods

    524 U.S. 51 (1998)   Cited 1,420 times   22 Legal Analyses
    Holding that ownership and control is insufficient to demonstrate an alter-ego relationship

  6. Doe I v. Wal-Mart Stores, Inc.

    572 F.3d 677 (9th Cir. 2009)   Cited 3,163 times   2 Legal Analyses
    Finding that plaintiffs' general statement that defendant exercised control over their daily employment to be conclusory and affirming dismissal

  7. In re Gilead Sciences

    536 F.3d 1049 (9th Cir. 2008)   Cited 2,916 times   4 Legal Analyses
    Holding that a court need not accept as true "allegations that are merely conclusory"

  8. Warren v. Fox Family Worldwide, Inc.

    328 F.3d 1136 (9th Cir. 2003)   Cited 1,150 times   1 Legal Analyses
    Holding the court is "not required to accept as true conclusory allegations which are contradicted by documents referred to in the complaint."

  9. U.S. ex Rel. Robinson Rancheria v. Borneo

    971 F.2d 244 (9th Cir. 1992)   Cited 1,542 times
    Holding district court abused its discretion in imposing sanctions because district court incorrectly deemed plaintiff's claims frivolous

  10. Neilson v. Union Bank of California, N.A.

    290 F. Supp. 2d 1101 (C.D. Cal. 2003)   Cited 692 times
    Holding that plaintiffs could prevail if they could prove at trial that certain transfers made pursuant to a Ponzi scheme were made within the limitations period of California's UFTA

  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 347,976 times   926 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 157,313 times   196 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 17,912 times   315 Legal Analyses
    Prohibiting unlawful business practices

  14. Section 226 - Itemized statement of wages

    Cal. Lab. Code § 226   Cited 2,255 times   125 Legal Analyses
    Providing only statutory penalties

  15. Section 201 - Computation and payment of wages upon discharge

    Cal. Lab. Code § 201   Cited 1,762 times   20 Legal Analyses
    Providing that, "[i]f an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately"

  16. Section 1194 - Recovery by employee in civil action regardless of agreement to receive lesser wage

    Cal. Lab. Code § 1194   Cited 1,757 times   10 Legal Analyses
    Authorizing an employee receiving less than the legal overtime compensation to recover the unpaid balance, interest, attorney's fees, and costs of suit in a civil action

  17. Section 203 - Failure to pay; penalties

    Cal. Lab. Code § 203   Cited 1,630 times   23 Legal Analyses
    Providing that any willfully unpaid wages "shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced"

  18. Section 510 - Eight hour workday; compensation for overtime

    Cal. Lab. Code § 510   Cited 1,599 times   29 Legal Analyses
    Requiring employers to pay 1.5 times the "regular rate of pay" for overtime

  19. Section 512 - Meal periods

    Cal. Lab. Code § 512   Cited 1,146 times   33 Legal Analyses
    Imposing these same meal break rules for all employees unless otherwise exempted

  20. Section 202 - Employees not under contract; notice; state employees

    Cal. Lab. Code § 202   Cited 750 times   7 Legal Analyses
    Awarding immediate payment of all earned and unpaid wages upon discharge, layoff, or resignation

  21. Section 11040 - Order Regulating Wages, Hours, and Working Conditions in Professional, Technical, Clerical, Mechanical, and Similar Occupations

    Cal. Code Regs. tit. 8 § 11040   Cited 341 times   16 Legal Analyses
    Adopting this provision of the former CFR