52 Cited authorities

  1. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 13,025 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'"
  2. Central Bank of Denver v. First I.S. Bk. of Denver

    511 U.S. 164 (1994)   Cited 1,504 times   78 Legal Analyses
    Holding that when Congress omits language from one statute that it included in another similar statute, courts give that choice meaning
  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 3,461 times   3 Legal Analyses
    Holding that the Rule 9(b) pleading standards apply to California CLRA, FAL, and UCL claims because, though fraud is not an essential element of those statutes, a plaintiff alleges a fraudulent course of conduct as the basis of those claims
  4. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,126 times   23 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"
  5. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,433 times   15 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"
  6. Lazar v. Superior Court

    12 Cal.4th 631 (Cal. 1996)   Cited 1,485 times   2 Legal Analyses
    Holding that justifiable reliance is a required element of a fraud claim
  7. Western Min. Council v. Watt

    643 F.2d 618 (9th Cir. 1981)   Cited 2,315 times
    Holding the Court should not "assume the truth of legal conclusions merely because they are cast in the form of factual allegations"
  8. Neilson v. Union Bank of California, N.A.

    290 F. Supp. 2d 1101 (C.D. Cal. 2003)   Cited 573 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
  9. McGlinchy v. Shell Chemical Co.

    845 F.2d 802 (9th Cir. 1988)   Cited 943 times
    Holding that district court did not abuse its discretion in denying plaintiffs leave to file a second amended complaint adding causes of action where it had failed to cure deficiencies in prior amended complaints
  10. City v. Merrill Lynch

    68 Cal.App.4th 445 (Cal. Ct. App. 1998)   Cited 422 times
    Holding allegation that brokerage firm encouraged client to undertake "imprudent and unsuitable" investment program that included "speculative investments in extremely volatile securities, risky transactions in highly leveraged interest-bearing instruments, and excessive commissions" sufficient to state a claim for breach of fiduciary duty
  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 267,561 times   779 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 122,224 times   187 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 31,885 times   261 Legal Analyses
    Requiring a party who alleged fraud or mistake to "state with particularity the circumstances constituting fraud of mistake"
  14. Section 17200 - Unfair competition defined

    Cal. Bus. and Prof'l. Code § 17200   Cited 14,802 times   277 Legal Analyses
    Prohibiting unlawful business practices
  15. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 3,959 times   68 Legal Analyses
    Defining "electronic storage"
  16. Section 2520 - Recovery of civil damages authorized

    18 U.S.C. § 2520   Cited 1,234 times   2 Legal Analyses
    Permitting recovery of actual and punitive damages, as well as a reasonable attorney's fee and other costs of litigation reasonably incurred
  17. Section 1710 - Deceit defined

    Cal. Civ. Code § 1710   Cited 725 times   2 Legal Analyses
    Defining "deceit"
  18. Section 1572 - Actual fraud

    Cal. Civ. Code § 1572   Cited 680 times   2 Legal Analyses
    Imposing statutory duty on contracting parties to refrain from making "promise without any intention of performing it"
  19. Section 1709 - Willfully deceiving another

    Cal. Civ. Code § 1709   Cited 592 times   2 Legal Analyses
    Requiring willful deception
  20. Section 4207 - Transfer warranties

    Cal. Com. Code § 4207   Cited 15 times

    (a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that all of the following are applicable: (1) The warrantor is a person entitled to enforce the item. (2) All signatures on the item are authentic and authorized. (3) The item has not been altered. (4) The item is not subject to a defense or claim in recoupment (subdivision (a) of Section 3305) of any party that can be asserted

  21. Section 229.34 - Warranties and indemnities

    12 C.F.R. § 229.34   Cited 7 times

    (a)Warranties with respect to electronic checks and electronic returned checks. (1) Each bank that transfers or presents an electronic check or electronic returned check and receives a settlement or other consideration for it warrants that- (i) The electronic image accurately represents all of the information on the front and back of the original check as of the time that the original check was truncated and the electronic information includes an accurate record of all MICR line information required