38 Cited authorities

  1. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,419 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"
  2. Mazza v. American Honda Motor Co.

    666 F.3d 581 (9th Cir. 2012)   Cited 967 times   51 Legal Analyses
    Holding that false advertising "class must be defined in such a way as to include only members who were exposed to advertising that is alleged to be materially misleading"
  3. Denney v. Deutsche Bank AG

    443 F.3d 253 (2d Cir. 2006)   Cited 597 times   9 Legal Analyses
    Holding "no class may be certified that contains members lacking Article III standing"
  4. Cortez v. Purolator Air Filtration Products Co.

    23 Cal.4th 163 (Cal. 2000)   Cited 555 times   1 Legal Analyses
    Holding restitution is "the return of the excess of what the plaintiff gave the defendant over the value of what the plaintiff received"
  5. Woodfield v. Bowman

    193 F.3d 354 (5th Cir. 1999)   Cited 349 times   1 Legal Analyses
    Holding that "boilerplate" defenses failed to give the plaintiff notice
  6. Wyshak v. City Nat. Bank

    607 F.2d 824 (9th Cir. 1979)   Cited 642 times
    Holding that plaintiff was not prejudiced by assertion of statute of limitations defense in amended answer because the defense would have been "effective at the outset of [plaintiff's] suit."
  7. Morgan v. AT&T Wireless Services Inc.

    177 Cal.App.4th 1235 (Cal. Ct. App. 2009)   Cited 250 times
    Holding "a fraudulent business practice is one that is likely to deceive members of the public"
  8. Ries v. Arizona Beverages USA LLC

    287 F.R.D. 523 (N.D. Cal. 2012)   Cited 213 times   6 Legal Analyses
    Holding that plaintiffs had standing to pursue injunctive relief where, inter alia , they asserted their intent to purchase the contested product in the future
  9. Downing v. Abercrombie Fitch

    265 F.3d 994 (9th Cir. 2001)   Cited 266 times   7 Legal Analyses
    Holding that a person's name and likeness are outside the scope of copyright
  10. In re Vioxx Class Cases

    180 Cal.App.4th 116 (Cal. Ct. App. 2009)   Cited 185 times   7 Legal Analyses
    Explaining that restitution is equal to the difference between what the plaintiff paid and the value she received in return
  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 344,767 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
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 155,637 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 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,496 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  14. Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).

    Fed. R. Civ. P. 84   Cited 1,023 times   7 Legal Analyses
    Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"
  15. Section 1691 - Notice after discovering facts entitling party to rescind

    Cal. Civ. Code § 1691   Cited 583 times   3 Legal Analyses
    Providing that whether a party delayed in giving notice of an intent to rescind is measured against the time when the party seeking rescission "discovered the facts which entitled him to rescind."
  16. Section 3343 - Recovery by one defrauded in purchase, sale or exchange of property

    Cal. Civ. Code § 3343   Cited 342 times
    Providing that "[o]ne defrauded in the purchase ... of property is entitled to recover the difference between the actual value of that with which the defrauded person parted and the actual value of that which he received, together with" certain types of consequential and reliance damages not claimed here
  17. Section 1782 - Notice and demand to correct, repair, replace or rectify goods or services

    Cal. Civ. Code § 1782   Cited 285 times   5 Legal Analyses
    Providing that no action for damages on behalf of a class of consumers may be maintained if a person alleged to have violated section 1770 shows that he or she has identified and notified the members of the class that he or she will remedy the violations upon request and he or she has ceased or will cease to engage in the violations
  18. Section 1783 - Limitation of action

    Cal. Civ. Code § 1783   Cited 122 times
    Setting a three-year statute of limitations for actions under the CLRA
  19. Section 2607 - Effect of acceptance; notice of breach; burden of establishing breach after acceptance; notice of claim or litigation to person answerable over

    Cal. Com. Code § 2607   Cited 108 times   1 Legal Analyses
    Stating that a buyer "must, within a reasonable time after he or she discovers or should have discovered any breach, notify the seller of the breach or be barred from any remedy"
  20. Section 163.124 - White chocolate

    21 C.F.R. § 163.124   Cited 4 times   1 Legal Analyses

    (a)Description. (1) White chocolate is the solid or semiplastic food prepared by intimately mixing and grinding cacao fat with one or more of the optional dairy ingredients specified in paragraph (b)(2) of this section and one or more optional nutritive carbohydrate sweeteners and may contain one or more of the other optional ingredients specified in paragraph (b) of this section. White chocolate shall be free of coloring material. (2) White chocolate contains not less than 20 percent by weight of