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Masih Rassoli v. Wells Fargo And Company et al

NOTICE OF MOTION AND MOTION to Dismiss Complaint

38 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 273,590 times   368 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

  2. Sedima, S.P.R.L. v. Imrex Co.

    473 U.S. 479 (1985)   Cited 4,254 times   7 Legal Analyses
    Holding that the fact that a statute can be "applied in situations not expressly anticipated by Congress does not demonstrate ambiguity. It demonstrates breadth."

  3. Swartz v. KPMG LLP

    476 F.3d 756 (9th Cir. 2007)   Cited 2,912 times   3 Legal Analyses
    Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

  4. Cedric Kushner Promotions, Ltd. v. King

    533 U.S. 158 (2001)   Cited 743 times   5 Legal Analyses
    Holding person who is a corporate owner or employee is distinct from the corporation itself

  5. Beck v. Prupis

    529 U.S. 494 (2000)   Cited 549 times
    Holding that in order for a RICO plaintiff to have standing he must establish that his injuries were caused by a predicate act within the meaning of 18 U.S.C. § 1962

  6. Edwards v. Marin Park, Inc.

    356 F.3d 1058 (9th Cir. 2004)   Cited 1,335 times
    Holding that the plaintiff's admittedly "opaque" allegations of discriminatory retaliation were sufficient to withstand a motion to dismiss

  7. Sanford v. Memberworks, Inc.

    625 F.3d 550 (9th Cir. 2010)   Cited 793 times   1 Legal Analyses
    Holding that pursuant to Fed. R. Civ. P. 9(b), RICO fraud allegations must be stated with particularity

  8. Reddy v. Litton Industries, Inc.

    912 F.2d 291 (9th Cir. 1990)   Cited 1,067 times
    Holding that employee fired for refusing to participate in cover-up of illegal scheme lacked standing to assert civil RICO claim against employer

  9. Living Designs, Inc. v. E.I. Dupont De Nemours and Co.

    431 F.3d 353 (9th Cir. 2005)   Cited 508 times
    Holding that the elements of a civil RICO claim include causal injury to a plaintiff's "business or property"

  10. Alan Neuman Productions, Inc. v. Albright

    862 F.2d 1388 (9th Cir. 1988)   Cited 732 times
    Holding RICO claim inadequately pleaded where neither time, place, nor nature of the violation was stated with particularity

  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 354,229 times   943 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 4 - Summons

    Fed. R. Civ. P. 4   Cited 71,368 times   127 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 39,551 times   328 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1962 - Prohibited activities

    18 U.S.C. § 1962   Cited 16,093 times   60 Legal Analyses
    Specifying prohibited activities

  15. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 15,089 times   72 Legal Analyses
    Defining what the terms “person” and “enterprise” include

  16. Section 1341 - Frauds and swindles

    18 U.S.C. § 1341   Cited 13,557 times   104 Legal Analyses
    Relating to mail fraud

  17. Section 1343 - Fraud by wire, radio, or television

    18 U.S.C. § 1343   Cited 12,305 times   172 Legal Analyses
    Barring fraudulent schemes "for obtaining money or property"

  18. Section 1964 - Civil remedies

    18 U.S.C. § 1964   Cited 6,159 times   42 Legal Analyses
    Granting civil remedies for RICO violation

  19. Section 530.5 - Unlawful obtaining or use or personal identifying information

    Cal. Pen. Code § 530.5   Cited 1,195 times
    Making false sworn statement to induce notarial act affecting title to real property

  20. Section 6801 - Protection of nonpublic personal information

    15 U.S.C. § 6801   Cited 493 times   51 Legal Analyses
    Limiting information sharing by financial institutions without prior consent by customers