§Why CasetextPricing

Marsh et al v. Zaazoom Solutions, LLC et al

MOTION to Dismiss and Notice of Motion to Dismiss the Second Amended Complaint, or, in the Alternative, for a More Definite Statement

54 Cited authorities

  1. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 15,979 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 1,691 times   79 Legal Analyses
    Holding that Section 10(b)’s private right of action does not include suits against aiders and abettors

  3. Vess v. Ciba-Geigy Corp. USA

    317 F.3d 1097 (9th Cir. 2003)   Cited 4,198 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 2,420 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 1,654 times   16 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 1,658 times   3 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 2,863 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 689 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 1,058 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 451 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 345,529 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 156,008 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 38,894 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"

  14. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 17,824 times   315 Legal Analyses
    Prohibiting unlawful business practices

  15. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,248 times   76 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"

  16. Section 2520 - Recovery of civil damages authorized

    18 U.S.C. § 2520   Cited 1,345 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 891 times   2 Legal Analyses
    Defining "deceit"

  18. Section 1572 - Actual fraud

    Cal. Civ. Code § 1572   Cited 848 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 728 times   2 Legal Analyses
    Requiring willful deception

  20. Section 44-1521 - Definitions

    Ariz. Rev. Stat. § 44-1521   Cited 215 times   1 Legal Analyses

    In this article, unless the context otherwise requires: 1. "Advertisement" includes the attempt by publication, dissemination, solicitation or circulation, oral or written, to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise. 2. "Attorney general" means the attorney general of Arizona or the attorney general's authorized delegate. 3. "Authorized delegate" means any attorney, investigator or administrative personnel employed

  21. Section 229.34 - Warranties and indemnities

    12 C.F.R. § 229.34   Cited 8 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