45 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 263,703 times   364 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' "
  2. Kearns v. Ford Motor Co.

    567 F.3d 1120 (9th Cir. 2009)   Cited 2,237 times   5 Legal Analyses
    Holding that circumstances constituting fraud must be stated with particularity
  3. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 1,924 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply
  4. Kwikset Corp. v. Superior Court

    51 Cal.4th 310 (Cal. 2011)   Cited 1,550 times   27 Legal Analyses
    Holding "the standards for establishing standing under section 17204 and eligibility for restitution under section 17203 are wholly distinct"
  5. In re Tobacco II Cases

    46 Cal.4th 298 (Cal. 2009)   Cited 1,199 times   35 Legal Analyses
    Holding class representatives had standing to challenge common marketing of cigarettes despite differences in the advertisements or statements on which class members relied
  6. DeSoto v. Yellow Freight Systems, Inc.

    957 F.2d 655 (9th Cir. 1992)   Cited 1,714 times   2 Legal Analyses
    Holding district court did not abuse discretion in denying leave to amend when no facts consistent with the complaint could save plaintiff's claims
  7. Moore v. Kayport Package Exp., Inc.

    885 F.2d 531 (9th Cir. 1989)   Cited 1,823 times
    Holding that a complaint did not satisfy Rule 9(b) because it "d[id] not specify which plaintiff received which prospectus, or which plaintiff made purchases through the stockbroker defendants"
  8. Williams v. Gerber Products

    552 F.3d 934 (9th Cir. 2008)   Cited 903 times   35 Legal Analyses
    Holding that "reasonable consumers expect that the ingredient list ... confirms other representations on the packaging"
  9. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,133 times   1 Legal Analyses
    Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)
  10. Davis v. HSBC Bank Nevada, N.A.

    691 F.3d 1152 (9th Cir. 2012)   Cited 639 times   10 Legal Analyses
    Holding that a "district court's decision to incorporate by reference documents into complaint shall be reviewed for an abuse of discretion"
  11. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 38,651 times   316 Legal Analyses
    Permitting "[m]alice, intent, knowledge, and other conditions of a person's mind [to] be alleged generally"
  12. Section 2313 - Express warranties by affirmation, promise, description, sample

    Cal. Com. Code § 2313   Cited 362 times   1 Legal Analyses
    Stating that an express warranty is a "promise made by the seller to the buyer which relates to the goods"